Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-07-11

~ ouNNs AS WCAAu SAPCSN a VN1URCy VI &c.
Quittal !.
That which the defense said 1t would
prove II Joseph Barclay was present was
placed in evidence, but 1T was only
to the effect that Barclay had seen
Creech beating Marshall outside Of the
saloon
THE DEFENDANT.
Marshall testified in his own behalf
Where did you live prior to coming
10 Butte? ?" was asked. ;,
Denver" =
What is your business"
Il am q cloth weaver n was last
employed in a house near Denver"
How did you come to Butte?"
Il beat my way"
why did o Gomez"
ITO get work.. I thought I could get bet
ter wages here than in Colorado"
How hong had you been in Butte be-
About four days.
did o meet any n here you
knew? '
Yes; Joseph Barclay, whom 1 knew in
Denver"
Marshall then detailed the transac-
ton he had with Brown OF the gun
pawning proposition, saying that Bar
clay a accompanied him to Creech's
saloon to get the weapon back again:
but had remained outside o the door.
He said he had melted no trouble in the
saloon other than to remark to Kinsley
that his treatment by Creech was arc
to stand. He said Kinsley was a pale
boy and was ~shivering. He had asked
Brown for h gun and Brown, he
thought, was trying to keep dt. Then
Creech had spoken to Brown and had
afterwards told him, Marshall, he could
not win a fight i'm there. He had not, he
said, snapped h hammer of his gun at
Creech, but when he saw Creech get
the piece Of hose n a u and start
around the bar after him he drew his
own u half cooked the hammer and
backed OUT Of the door. The witness
then told Of his encounter with Creech
on the outside and added that his gun
had gone off accidently. He had not, he
said, fired any shots after that, but had
heard one fired by some me else and
he thought It must have come from
beside himself that had a gun. From
There he had gone to Crowley's saloon
and met kinsley, the song and dance
man, whom he asked to rave a drink.
Kinsley had refused, and he had taken
q drink by himself alter on he had
Jail. but had stayed there only about
twenty minutes. On leaving the Jail he
had gone to Silver Bow and thence to
Salt Lake.
How old are your asked the county
attorney on cross examination.
"A little over 10 years I was 10 on the
26th of last month"
"How long have you worked at your
trader" .
''Six or seven months
D your parents reside in Denver?"
Eyes, sir" M ar .
What part Of Denver?"
1.-THE southern part" N
"Do you know the name INK number
OF THE street," '
mo, sir" i
Have you aweay lived in Denver?'
mo: I lived near Beatrice, Nebraska"
"Where We're you born?' $50
"In Ohio )
rs Joseph Barclay a o fide a o.
HE is."
where did you meet him after you
I'm Salt Lake" s
did he go by the name of Melvin In
that city,"
mo sir"
did you tell the officers in Salt Lake
you were "a years old?"
mo. SIR"
What did Barclay say to you?"
He told me of Mrs. Creech's death
and said If I was arrested for the shoot
ing he would testify to what he had
SEEM" s..
You were not arrested on the killing
charge here were you?"
mo SIR"
do you remember Kinsley saying
whe you were taken into Jail: For
Gods saks take THAT man away; he is
the man that killed Mrs. Creech?'
mo SIR"
what did o expect to do in Butte? ?"
Wait on table"
"How did you happen to have a gun
THAT morning?"
or I just had one the same as any
one elise would have. l "a beating m
way on the train and had It,"
did you think you needed it in wait
ing on the table or In weaving cloth 2"
"No, sir.
where did you first meet Barclay"
I'm Denver"
"What was he doing?"
He was working as a wspa mar
on the Post"
At this ju~ncture court adjourned fo1
the noon hour.