Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-09-06

mention has been made AMI the tie
Tense closed by putting Dwyer on the
stand. The defendant made an eN-
cellent witness giving his side of Nh"
encounter clearly and with seeming
frankness. his Illustrations Of the
affair appealing strongly To the jury.
He said that Thornton had inquired
about one Griffin, adding that he in
tended to kill him Oh sight, had
twirled his revolver In a threatening
manner and was in such a condition
that he had taken the weapon from
him believing IL hest for Thornton
and all parties concerned; that Thorn
ton had demanded the gun repeatedly
accompanying his demands by
threats, and related the tinalincidents
much as told b. other witnesses,
adding that he had believed Thorn
ton intended To kill him, that Thorn
ton stepped back from the bar for
the purpose of raising the rife within
range and that he shot Thornton in
self defense, without any other cause
or motive and without any III feeling
toward the deceased. His Ewes filed
az he concluded his story. On cross
examination he remained impressive.
not in the least injuring his previous
testimony. Mr.. Freeman'squestions
were largely confined to the number
Of drinks taken by the principals and
at what times and with what parties
on the morning of the shooting,
County Attorney Smith hpened the
arguments after dinner Saturday, de-
~livering a thorough review of the i'm
portant features Of the case, and
dealing sledge-hammer blows to the
witnesses who knew 80 much at the
corOner's inquest and preliminary eX-
animation and so little at this trial.
He spoke fiuently and impressively.
asking that the good work under
taken this year be carried on and a
stop put to the carnival OF crime in
Fergus county.
L. X. Cheadle openedfor the defense,
speaking briefly and in n conversa-
tiOnal tone. addressing himselflnrgely
to the credibility of witnesses a d
the necessity of distinguishing be-
tween the. commission OF crime and
the protection of life and property.
Attorney t'ort followed for a hall
hour, making a strong appeal, laying
emphasis ON what he characterized
az the ''evideht desire of the state tn
keep back some of the facts In this
case. referring To the failure to put
Lackey on thestand. Mr.. Cort spoke
well but he was evidently much
wearied after his long attention 10
the case and the Others preceding 1t.
After supper Mr.. Largent aprenred
before the jury in an hour closing
for the defense. 1t was his first ap-
pearance before a jury of this county
and his style of oratory won varied
comment. Novel in it's emotional
tendencies, strong In logic, appealing
in its demand fOrjustice to wrODged
man, the jury evide lily appreciated
the beauty of diction and the flights
oratory. however little the argument
may have moved them. To many
listeners it was a beautiful effort ana
congratulations were freely give:..
headdress of Mr.. Freeman, closing
for the state, was perhaps the most
impressive and powerful address to
which a Jury or crowded court room
in this county have ever listened. A
fine range of voice and appropriate
gestures, together with IA ready
command of language and eyes 81
fire, held the attention of hearers ful
yearly an hour. Denying any inten
ton tn reflect upon those who earned
n livelihood by conducting saloons
he nevertheless believed the respon
sibility upon them was greater thar
the ordinary citizen and that more
care ON their part was necessary, hav
ing sold the nan the liquor which
deprived him Of reason: 1t Is mo-
fair to- take a mans money and bis
life to-" was uttered la tones whict
brought shoulders to The nearer. II,
laid much stress and doubtless car
ried much weight to- thejury 10y dwell
ing on that part of Dwyer's testimon!
and that of Others, to the effect tina,
Dwyer said he had taken ThortOn',
gun because Thprton was 100 drunk
to he able to take care of it and AeI
he had continued to pour out thu
liquor which made the offense seen
greatertuThornton and which causet
him tn reach that state when he wa,
willing tn take human life, and afteI
thus becoming largely responsible
for the circumstances had shot tn,
man who had been drinking his liquUl
for hours previous. Largent hat
made apology for Dryers not send
ing for an officer by saying thnt n,
affront was greater than causing
mans arrest and Dwyer did not wan
any trouble. This was cast back by