Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-10
I'M Defense
OF GILMAN
Witness SWearS That Sullivan
Threatened Him.
TO CUT OUT HIS HEART
Trouble in the Duggan Boarding House
Gilman, Say His Relatives,
Is Consumptive.
TO CUT OUT HIS HEART


Is ~Consumptive.
The trial of Edwin II. Gilman for the
murder Of Dan D. Sullivan at Duggan
mousse In Dublin gulch on Christmas
night was resumed in Judge Clancy's
court this morning. The prosecution had
the first inning, and presented to the
court n jury considerable testimony,
with the object of proving that at the
time Gilman fired the shot which killed
Sullivan he was the aggressor-that Sui
Ivan was making no move toward him,
but the other side may have a card or
two up its sleeve.
Patrick Regain. sheriff of Silver Bow
county, was recalled this morning. He
said that about 9 o'clock on the night
OF the homicide he had a conversation
with Gilman In the Jail Office, and Gill
man told him he had shot Sullivan. He
asked If Sullivan was dead, and was an
Gilman remarked: Where did 1 hit
him?" Regan said he told him the bull
let had struck him in the heart, and Gill;
man replied: THAT must be wrong, for
l am a pretty good shot. Yes; it may be
right; the heart is on the left side." The
~ AAN ~ NAA(A 01A& AAAAAAN VA
he had shot Sullivan, and Gilman an
swered: THAT is a question to be de-
termined later"
Tom Walsh, a policeman, corroborated
the statement.
Mr.. Cotter moved to strike out the tes-
timony of both on the ground that it did
not show that Gilman was in custody
at the time Of the alleged conversation.
but the judge overruled 1t. An excep-
ton was taken.
ThiC r,,otfor Coff1o1 nv Cnnnn11V cfof.
ed that Nellie Smith. a waitress who was
employed at the Duggan house at the
time of the killing, and had heard some
of the language alleged to have been
used by Sullivan toward Gilman at the
supper table on the night before the
tragedy, was sick in Anaconda, M
could not be present. He the asked for
permission to indorse the name of Mi
chael D. Sullivan on the information, as
he desired to prove by him that he was
objected on the ground that the prose-
cution already had'twenty-eight Witness
es indOrsed, and it was still adding to
them. The objection was overruled, and
Michael testified that the dead man was
his brother.
1.-THE state rests" said Mr.. Connolly,
as the witness vacated the stand.
At the close of the prosecution Mr..
Thresher made a statement to the jury
in behalf of the defense. He said the
QGI6nSG WOulu SuOW LIldl VI q q
sickly man; that he had lung trouble n
other ailments; that the trouble between
the prisoner and Sullivan had its incep-
ton at the supper table the night be-
fore the killing, on which occasion Sui
Ivan had used toward Gilman the VII
est, most obscene and vulgar language
that aver escaped the mouth of a human
being, p~unctuating it with the remark:
'In cut your d. heart out-Ill twist
your head off" To all of this. said Mr.
Thresher. Gilman made no reply save
the utterance of a few words intended to
pacify Sullivan. He said the defense
would also show that Gilman possessed
a good character. and thai instead OF
being nine feet from Sullivan when the
shot was fired that the two men We're
only four feet apart, and that Sullivan
was closing in or Gilman.
The first testimony offered by the de-
Tense was in the shape of dispositions
made by several men who had known the
defendant in his Iowa home. They all
gave him a good character.
Reuben ]. Gridley, who at the time of
the shooting was employed in the cult
nary department of the Duggan house,
proved to be a good witness for the de-
tense. He said that on the evening be-
in the dining ROOM, and stepped from
the kitchen into the room to see what 1t
was all about. He had seen there Sullf-
van abusing Gilman. He had heard Sui
livan say: You dirty - -, III
burst your d head-Ill twist your d.
head off and cut out your d heart
the first time I get you outside" Sulli-
van had kept up this brand of language
about four or five minutes. and all Gill
man said in reply was: DAN, Dan,
what are you using such language for?"
Gilman, said Gridley, was sitting at the
supper table when the language attribu-
ted to Sullivan was uttered n Sullivan
was standing. After Sullivan got
through he and Fred Hawkins had left
the room together and later on witness
had seen Sullivan standing outside of the
had found a bullet in the room in which
the shooting had taken place, but he did
not know whether it was the one that
had struck Sullivan. He had talked to
Curran, one of the witnesses for the pro-
secution, about fifteen minutes after the
shooting and Curran had told him he
knew nothing of the fraca until after
the shot had been fired.
Asked on crOss-examination If he had
received any money for his services as a
witness for the defense he said he had
not and, Furthermore. he expected none
except that which the county would pay
him. He was required to repeat several
times the language he said he had heard
Sullivan use in the dining room and did
not get tangled up. He further said he
had heard Sullivan say. after taking UP
a position outside of the kitchen door,
II will lay for the -=- here"
Ibid he lay?' asked Mr.. Connolly.
"He didn't lay down." was the reply.
While Gridley was giving his testf-
mony the defendants wife, sister. the
lady st~enographer and several other la
dies who had heen listening tn the trial