Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-09-24
MORE DETAILS
Of THE MURDER
WITNESSES DESCRIBE THE QUAR-
REL BETWEEN POoLEY
AND LITTLEJOHN.
EXAMINATION OF WITNESSES
FOR DEFENSE COMMENCED.
Annear's Deposition Declares Pooley
Did Not Say He Would Kill
His Son-in-Law.

The trial of the case Of the state
against Thomas Pooley. charged with the
murder of his daughter and her husband.
Thomas Littlejohn, was resumed in de-
partment 2 of the district court this
morning. For the purpose of laying the
foundation for the testimony of another
witness, Mr.. ~Trevathan. who testified in
the case last week. was recalled for fur
Their examination on some points relative
to what transpired between the parties
prior to the killing. He said he had
heard nothing.
John Caddy testified that he had seen
the belligerents near the corner of Vir-
gfnia and Montana streets shortly before
the shooting and heard one say: Go and
heel yourself. I will die for you" To
this Littlejohn had answered.: II WILL"
Caleb Crowley is one of the few who
claim to have seen the mixuD and the
tention was first attracted to the two
men. They were auarreling. He heard
Pooley ask Littlejohn which was the
older, Littlejohn or himself. Witness
said he had seen them clinch and go
down. Littlejohn was getting the best
of the argument when his wife ran up
from behind and. catching hold of her
husband, exclaimed: "Oh, Tom! Oh.
Tom" AT this time Pooley showed the
muzzle of the gun over his left boulder
VIlAl HIS L = III IlAN AAAAA AiSus l IA
tlejohn fell and Pooley fired again, kill
ing Littlejohn.
Edward Dover of 500 North Montana
street said he had heard the two shots.
He had known Littlejohn and Pooley. A
few minutes before the tragedy witness
had heard loud talking above his house
and had gone out to see what it meant.
He heard Pooley say: Amt I an older
man than you are?" and follow it with
the remark "Come on, I'm reauy."
Douor said ha had then enna into his
W house. as the trouble the
men had been brewing for months and if
there was to be any shooting he wanted
to be out of the way. He did not see the
After the shooting he had gone to the
spot where the shooting occurred.
James Harvey of Alb Virginia street
said he had seen the men come together.
When he first noticed them they We're
standing about thirty feet apart, but Lit
him. The shots followed After the first
one witness said he had placed a house
between the combatants and himself.
James Littlejohn, a brother of the
murdered man. testified as to the size OF
his brother. He said Littlejohn weighed
about, 40 pounds and was taller than
Pooley. He also said he a heard Pool
ley tell a man named Rodgers of Bur-
lington he wanted him to turn Lydia Lit
tlejohn out of his house. The girl, he
said, was then staying at the Rodgers
home. Rodgers told Pooley he would not
turn Lydia out and he did not want him,
Poo!ey, to go there and raise any row.
Pooley, he said, had further told Rogers
he did not want Lydia to marry Tom
Littlejohn and if they did get married
they would not live together very long as
he would xii them both.
This closed the side of the prosecution.
THE DEFENSE.
The defense opened with the reading of
the deposition of John Annear, which
showed that on one occasion before the
shooting Pooley asked LittlejOhn why he
had roasted him TO the other boys down
in the mine and Littlejohn had answer
ed that hi was a bloody old liar for maxi
ing an accusation . Annear further said
that Pooley, when following Littlejohn
down the street, had not threatened to
kill Littlejohn. The witness said Pooley
| uttered no such words; that had he done
| so he would have heard them. When Lit
| tlejohn returned to Pooley he told him to
put away his gun and Pooley answered
that he would not do it; that if he, Little
john, would go and heel" himself and
come back they would be on equal foot
ing.
According to Witness Annear Little.
john was shot first.
John Harris was called upon for tes
timony relative to threat which Little
John is alleged to have made agains
Pooley's life, on the ground that Poole,
having been the aggressor, it vas no
competent. Mr.. Thresher maintained
that it was competent and offered t.
prove it, whereupon Judge Clancy ad
journed court until 1870 in order that tn,
authorities might be procured.