Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-07-10

A. AoN 49, NAtNA AASoAA NAN I
following twelve men were chosen to de-
termine the fate of Edgar Marshall,
charged with the murder of Georgia
Cueech on April 3:
T. D. Perry, NJ. J. Murphy, W. p. Sui
livan, Siias Dunnivan, thomas Sattes, ].
E. PLAYER, N. Genereaux, John Veale, M.
s. Neer, Mix Read. john B. Nadeau and
John Resek.
opening statement, telling the jurymen
what he expected to prove, after which
Judge Clancy adjourned court until this
morning.
DIR. P. j. Sheerin was the first witness
called for the state. He said he had held
an autopsy ON the body of Mrs. Creech
on the day of the killing. He described
the course of the ball through the body,
adding that a person receiving such a Il
wound could live only a few minutes
The bullet had severed the pulmonary
artery near the heart and death had re-
suited from he~morrhage. 1T had passed
entirely through the body. Mrs. Green,
he said, was a frail person, being about
five feet three inches in height and STEM
der.
Joseph K. Creech, husband of the dead
:, woman, testified that he had resided in
Butte ten years and his business was
that of a saloon keeper, his place being
at the northeast corner of Main and
Mercury streets. A day or two prior to
the shooting Marshall had entered the
barroom and asked for Little JOe,' one
:. Oh MS WALTERS. 11e Ilau 'lOlu "
was in the back room and would be out
in a minute.
who is Little Joe?" asked Mr.. Con
molly.
He is called Little Joe, Brown"
On the 3rd of April, continued Creech,
Marshall called again. There We're sew
) eral other persons present, among them
one Kinsley, who asked for a drink while
! two other men We're at the bar. Il told
: him to not butt in said Creech, as the
3 pa,itv wac q CUSTOMER nf mime: that i
) would give him all the drinks he want
ed. Marshall was sitting on a table ana
, Kinsley walked over to him. Marshall
2 said something to the effect THAT 1t was
} a good Job it was not him. 1 paid no at
{ tention to him until l heard him speak
/ to Brown about a gun. Then SAID 70
Brown: What is the matter with that
! fellow He is the man that soaked the
( gun here the other might replied Brown.
) Marshall then said never mind: l nave
) another gun or other guns I was WHIP
! ing the bar and remarked to Brown: i
; guess that must be a bad man. Mar
f shall then got up, walked towards the
} bar and said: TN show you.' With the
{ remark he pulled a gun and snapped 1t
4 at me. I picked up a piece OF nose that
3 laid behind the bar and started AFTER
4 him. but the idea struck me that l mad
( better not go after him with it. I then
4 got my gun, but in the meantime Mar.
+ shall had gone out of the room by way or
4 the Main street entrance and was suanQ-
Z ing With his own gun WI his Hdtfu. AAS.
turnel into Mercury street. went out
; nv the Mercury street door and struck at
him with my gun and he deliberately
placed the muzzle of his gun against my
! forehead and pulled the trigger. Inc
) cartridge did not explode and l struck
at him again. My wife had follow
{ ed me out and was either stand
ing behind me or by my sIoe
when Marshall fired the bullet that
( struck her. After firing, Marshall ran
s down the street 30 or 40 yards and stop
ned and fired two shots back at me. l
walked back into the saloon and my
: wife said to me: Did you get him, joe!
I said no; that he had done no harm and
I would let him go. She then pulled
) wound, with the remark: He hasn't?
! Look here!' She then fell and died. l
{ got my gun again and then started after
s Marshall, but when I got down near the
! Little terrace I met a policeman and he
{ took the gun from me-
: Did you attempt to shoot Marshall!'
: asked Mr.. Connolly.
Eyes, sir. When he fired the shot that
killed my wife snapped the weapon at
him, but It did mot not go 60 o Treecn said that
! so far as he knew Marshall had ceased all
( combat when he backed out of the bar
room; that his wife, Marshall and himself
{ were the only persons on the sidewalk
: when the shooting occurred, and he had
: seen no one within 50 yards of the spot.
) There might have been some one near
} Sloan's barn across the street.
I There appeared to be some discrepancy
I between the testimony given by the wit
( ness at the preliminary hearing and that
{ given on direct examination today, and
{ the attorney for the defendant took advan-
: tage of it. The difference. however, was
{