Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-09-19
P00[Ey TRIAL
COMMENCED
SERGEANT M'GRATH GIVES POO
LEY's VERSION OF THE
TROUBLE,
EYE WITNESSES TELL
DETAILS OF THE MURDER.
Llttlejohn Knocked Pooley Down Be-
fore the Shots Were Fired
Story of Threats.

0toIy VI 4urSaCS.
The prosecution in the Pooley murder
trial called DR.. p. j. Siberian to the wit
ness stand at the opening of Judge Clan
ceys court this morning. He had ex-
amined the body of Thomas Littleiohn
on the 18th of March last, and found that
the bullet which killed him had pene-
trated his heart and afterwards lodged
IN the spine. The heart wound caused
death in his opinion, almost instantly.
Inc witness described the course of the
deadly missile and stated there We're no
powder marks visible on the body.
In the cross examination conducted by
Attorney Thresher, the witness stated
that the shot could have set the mans
clothing on fire if the revolver had been
closer to him.
DR.. A.. r.. O'Leary, county sanitary
physician, was the next witness called
ana stated he was present at the autopsy
held on March 18th, between 3 and 1880
O'Clock in the afternoon. He found a
scratch on the riShtc cheek of the deceas-
ed when was the only mark Of violence
except the bullet wound, that he could
discover. The bullet, he said, passed up
ward after entering the body, penetrat-
ing the heart, and was found lodged in
the spine, slightly to the right, and about
Tour inches above the point of entrance.
Tho witness thought death was caused
by hemorrhage from the heart wound.
In the cross examination DR.. O'Leary
said there was considerable trouble eX-
perienced in finding the bullet; that it
TOOK over two hours to conclude the eX-
animation. The bullet entered the heart
about two inches above the apex and
about one inch from the lower end of
the right ventricle, passing out through
the left auricle.
Police Sergeant William McGrath took
the stand at the conclusion of the exam
ination of DR.. O'Leary. He saw the de-
PENDANT at the city Jail on March 18th
and talked with him there. Witness
asked the defendant if he was the man
who shot Littlejohn, and he replied that
he was. The defendant then explained
how the tragedy happened. He told wit
ness that he had left his place of business
on North Montana street; that he had
met Littlejohn on the street and asked
him why it was that he had been call
ing him names and otherwise speaking
disrespectful Of him. One word brought
on another; when Littlejohn struck him
in the face and knocked him down. where
upon he drew his gun and shot him. The
witness was shown a revolver which he
could not identify as being the one taken
from the defendant at the city Jail.
In the cross examination the witness
said that Pooley ha dtold him Littlejohn
had been talking about him around the
mines. That he had also threatened to
blow him up with giant powder. De-
PENDANT told him where he could find a
box of it intended for his destruction;
rooney lOlu HIIil WHERE IL COulu DS OuHu
and witness secured 1t. The powder will
be offered as evidence later in tn etrial.
Police officer Call, who arrested Pooley
| after the shooting, was put on the stand.
He was,on the scene OF the disaster soon
| after it ccurred and found Littlejohn ~
ing on the street dead, surrounded by a
large crowd. He afterwards went to
Pooley's residence and placed him under
arrest. He put the gun found in his pos
session in his pocket but did not notice
how, ~ q NV oh m hers 1T contained.
On a question asked by the counsel for
the defense, witness said Pooley was in
a nervous state of mind when he arrest
ed him. Defendant had considerable dust
on his clothing indicating that he had
been down in the street or engaged in a
scuffle. The witness and defendant
walked to the city Jail alone. He did not
tell him that Littleiohn was dead until
the Jail was reached.
William Hooking, stated that he had
known Pooley seven or eight years; was
also acquainted with Littlejohn. He saw
trouble between Pooley and the deceased
on the evening of March 18th, from his
residence on Woolman street. He did not
see the men when they met, but his at
tention was called to them by the loud
talking. Witness said he heard Littlejohn
say that he wanted to fight; Pooley re-
piled thai he was an old man and he did
not see why he wanted to bother him.
Littleiohn's wife was with him at the
time and had a baby in her arms. They
started to go down Montana street when
Pooley and two other men followe
them. Both men continued talking and
witness heard Littlejohn say to Pooley
that she could lick him with his gun"
The men then came together, witness saw
Littlejohn catch POoley by the collar
cut could see nothing else until after the
shot was fired, on account of the dust the
men raised in their scuffling. Witness
could not see the position of the gun
when the shot was fired. Mrs. Littlejohn
was nearest the sidewalk, but all We're
close together. After the first shot Mrs.
Littlejohn appeared to go out of sight.
Witness believed she received the first
shot, but could not positively say so.
Witness was about $50 feet from the
parties up to the time the second shot
was fired. There was an interval of about
five minutes between the two shots. Dur
ing the interval the men seemed to roll
down the street. Witness went to the
scene after the second shot. He told
Pooley he had made a fine job of it, and
d%efendent replied IT av'nt killed she ave
To- Witness told him that he a killed
his daughter the defendant Their burst
out crying and kneeled down and kissed
her. Littlejohn was found lying in the
street about nine feet from where the
body of his wife was.
In the cross-examination the witness
stated he saw Pooley put up his hands to
keep Littlejohn off, but the latter grab
bed him by the throat and the two men
rolled off the side walk, with Litttlejohn
on top of Pooley. Mrs. Littlejohn cried
"Take him away" three times before
the first shot was fired. Only two shots
were heard by the witness. Witness
helped put Mrs. Littlejohn on the side
walk after she was shot; she was then
still alive.
]. H. Stapleton saw the tragedy which
happened about I O'Clock on the evening
of the 18th of March. Witness saw Poo
ley follow Littlejohn after the trouble
between them commenced, but he did not
see them when they first met. Witness
heard something said about a gun and