Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-12
NO DECISION REACHED
CasOn Given Time in Which to Look
Up and Submit Author
titles.

oRCSuldloI lllll IoSl IN oAANA AiSoAt
took place in Justice Nichols court today
and resulted in no decision being deliv-
cred in time for publication this after
noon. Murray appeared in court with
his head tied up.
The prisoner was represented by At
torney z. r. Cason; the state by Corne-
Illus F. Kelly and Frank l.. Riley.
Murray detailed the trouble between
Montin and himself. He said he knew
Montin only by sight. On Monday after
noon Montin was throwing down timbers
| on the 800 level in such a way as to make
them hard to get at. He had protested
| and Montin, he says, called him an Irish
II did not say anything" said Muir
ray. Il was waiting until we got to the
| surface. During the day we had more
trouble over the timbers. He was up
in a manway and l was below. I told
! him l would fight him on top and he
wanted to know why I would not fight
| right there. He said I was a bigger man
than he. l started up the manway after
him and he went for me with the drill.
l tried to run away to escape his blows.
| On cross-examination Murray aid that
at the surface at noon Montin had
thrown some dirt in his coffee. Month
was engaged that afternoon in running
tinlbers from the station into the level.
You started up the manway to do him
up, did you?' asked Cason.
Yes, sir"
And you would have carried out your
design had he not met you with the
drill?"
Il don't know whether I would or not
answered Murray with a smile. When
he came to the foot of the ladder he
winked at some of the boys and seemed
to be all swelled up over the fact that he
had a two-foot drill in his hand
Did you have a pick in our hands,
Yes; all afternoon. l was working
with it,
Did you tell Montin o would lick
him when you got on top"
Yes, sir"
Did you go at the defendant with the
pick?"
No; l did not have it in my hand when
l was assaulted. Montin would have
killed me had it not been for other men
present. l was sitting down when | told
him | would lick hin at the surface. This
man has had trouble with everyone in
the mine. l am not the only one
DR.. T. J. Murray testified to the nature
of the injuries sustained by Murray. The
wounds consisted of a confused back,
cuts On the head and a confusion on the
left forearm.
Patrick Ray. of Ruby street, who was
present at the time of the trouble. stated
that the men We're on the event floor
of the 500 level. Month had conn on the
floor With a smile on h. face that did
not indicate trouble, but the next thing
witness knew MONTH was going for Muir
ray with a drill. He heard Murray tell
Montin he would light him at the surface.
Murray ran twenty or thirty feet to es-
cape the blows. When first struck Muir
ray and Montin We're facing each other
Witness further said he had seen Muir
ray attempt to strike Montin The former
had a timber pick in his hand, but wit
ness could not say whether he proposed
to use it.
Joseph Catron of the ElWood block was
J also a witness to a part of the trouble
He knew both men. Montin came dow
: the ladder With a drill in his hand and
! smile on his face and Murray told hin
/ when they got on the surface he would
} fix him. Montin invited him to begil
I operations at once and Murray made
J hostile move in compliance with the in
vitation. He held the pick towards Mon
! tins face and the latter grabbed it an
I came down on Murray with the drill
J After the assault witness heard Murra,
! call Month a dirty cur and Montin toll
Z nm the trouble would nave Deen aVOluet
I had he, Murray, let him alone.
y Edward Leahey of All East Park street
a tool packer in the Spectator. said h
was present at the time of the trouble
: but paid no attention to the prior con
Versation between the men. He. too, sal
I he had heard Murray say he would fl
I Montin when he got him on top. He ha
y also seen Murray poke the pick toward
} Montin but did not see Montin strik
! Murray. He heard Murray squeal.
4 AT the conclusion of the states side tn
y attorney for the defense asked the coui
to discharge the defendant for the rea
I son that tine testimony showed he ha
Z great reason to believe he was in DANCE
y of becoming a victim of bodily harm
3 1t was one of the cardinal principles G
I mankind to offer defense in case of at
I tack and the law granted the assailed tn
) privilege of doing it. Cason quoted
Tennessee authority to the effect that
man did not have to retreat to the wal
= Mr.. Kelly for the state opposed tn
) motion, saying amor other things tina
1 instead of d charge OF assault in the Sec
I and degree it should have been of assau
! with intent TO kill.
: The motion was oyerruled. Monti1 cal
4 ed his witnesses and told his story II
said that While delivering timbers Murra
I had called him some tough names an
: told him he would take a fall out Of hin
! He had not called Murray an Irish -
- -- and had not used the wor
s Irish" The balance of the story wa
---.-l IT, 49, ~. ¬ tp!1 Nv, rro =,