Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-08
I got the piece, took 1t to Murray
& Freundss hospital and threw it into the

go. I got the piece, took 1t to Murray
& Freundss hospital and threw it into the
c~uspidore."
sullivan displayed to the jury the por-
ton OF the ear with which he had not
lobe.
On cross-examination Sullivan said he
did not remember that anything in refer
ence to he rough riders figured in the
argument between Rice n himself.
Patrick Sheehar, one OF the proprietors
of the saloon in which the fight occurred,
testified that Patrick O'Neill, Sylvester
O'Rrlen. Sullivan II Rice were shaking
dice at the bar and an argument arose in
relation to an oyster cocktail. Sullivan
said something to Rice about making
his breakfast at the bar. From oyster
cocktails and bar breakfasts the argu-
ment dlifted into rough riding and from
rough riding to a rough and tumble fight
between Rice and Sullivan. The witness
further said that after the fight he had
picked up piece of S%ullivan's ear and
returned it to its owner.
Sylvester O'Brian said that after Rice
struck Sullivan the latter offered to
said to him. Both men had been drink
ing and showed the effects on it.
This closed the prosecution and the de-
Tense trained it's batteries for action. DIR.
Ignatius Donnelly said he had examined
Rice and from a nervous point of view
WCOlu say llldl Tx WdS ia Udo NoiIuilAoAi.
If laboring under great excitement he
would hardly be accountable for his &C
lions. He had, he said, treated Rice pro-
fessionally for the trouble II advised
him to cease drinking, as dissipation sup
erinduced by his natural nervous DISPOSE
ton was responsible for his trouble. A
person in good health, he said, could con-
troll his actions much better han one
possessing a low nerve force. There are
persons at times who are perfectly sane
and yet at other times under certain con-
ditions are practically INSANE he added.
The defendant testified in his OWE be-
half. He said his nervous system was
badly broken Town. On the night of the
fight he had dropped into Sheehan's sa-
loon to get a glass of beer and with 9TH
ers engaged in a game of dice. After
shaking awhile witness said it fell to him
to a for a game and he had asked
O'Neill to join them, r~emarking that any
rough rider was welcome to drink with
him. At this Sullivan had stepped up,
looked at O'Neil contemptuously and
then said: Rough riders are a lot of no.
boes and a --- anyway"
Rice said he resented the remark by
saying that no gentleman would use such
language towards the soldiers. n Sulli-
van then old him that he was no better.
On cross-examination he said he had no
recollection 70 Sullivan apologizing for
his remarks.
"Were you drunk?" asked Mr.. Kelly.
II don't know whether I was or not. AS
a rule a man does not know when he is
drunk. Sometimes he thinks he is sober
! when he can hardly stand"
Attorney Daniel Yancey said he had
formed Rice's acquaintance shortly after
the latter's arrival in Butte, and he knew
his reputation to be good.
Carl Smith, Charles G. Kohl and E. O.
Jackson also attorneys, rave similar tes-
timony. the latter saying he had known
Rice about fourteen years, his first ac-
quaintance with him having sprung up in
Michigan where they both attended a law
school,. Jackson further said he had talk
en- particular notice TO Rice since he came
to Butte and observed that his condition
at lines bordered IN arrangement.
Asked how he had acquired his knowl-
edge of the ramiications of insanity,
Jackson said he had studied medicine four
years n had assisted his father in the
care of the insane at an asylum in Wis.
constr His practice Of medicine now was
confined to his own family.
By 1880 O'Clock the testimony for both
sides had been all submitted and the ar.
gument consumed the remainder Of thu
morning session.