Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-09
WITNESSES FOR
PROSECUTION
Say Sullivan Was Shot With
out Warning.
DRUNK AT THE INQUEST
Excuse Offered by Witness McManin
For Variance in His
Testimony.

rain murray, y. II. MalOney, Charles
Nagel, Robert TAFT, r. X. Leggat, Johr
+. Retns. job w. Bergman. Gus Koh.
Ter. w. H. Abbott, Enocn Johns, w. +
Packa and Joseph Freethy.
Ine attempt made by Dennis Sullivan
q brother OF the man killed by Gilman
20 snoot Gilman While the latter was be.
ing from the court room to the jail
just after the adjournment of court las,
evening had no further bearing on thu
case today than to cause the officers ot
the court to be On their guard. When the
prisoner was being taken Into the court
room there were no loungers about the
corridor. u the passageway was guard
eo oy deputy shsri1s. The man who at
empted to do the shooting spent the night
IN jail. He is a witness in the case.
AFTER the jury had been sworn counsel
Tor the defendant asked the court to en-
force the rule Of excluding witnesses from
the room while one was giving testimony.
out the court refused the request. An ex-
ceptton was taken.
The opening statement was made nv n
=. Kelly, chief deputy to the county at
torney. He stated that the testimonv
would snow that at about Z O'Clock in the
evening OF December rs a of
miners was sitting In what is known as
tne .dfy room" at Dugsan's boarding
mouse. In the party was Dan D. Sulli.
van. While the men were there G,ilman
entered, and John Heney, one Of the
party, asked him for money with which
10 Duy a can of beer. Gilman had an
swered that he had no n that Ia
a been down town and spent what
cnange he had that Sullivan had her
a. ne had money m would give II to
Heney; that Gilman sat down or a
Dencn IN one corner of the room; thai
sullivan removed his coat and hat and
huns tnem up on a nail; h a he had then
sone over 10 the stove; that while there
ne was snot by Gilman without a word
having been spoken between Gilman and
Sullivan. anu
MI. Kelly gave some conclusions in the
matter and MI. Cotter, one of the attor.
heys Tor the defense, found FAINT with -
SAYING that he objected to Mr.. Kelly Civ,
ing the jury any private Conclusions or
vp ~ me court sustained the objec-
ION n DR.. T. J. Sheeran was called
upon to testify. The witness said he had
nelo an autopsy upon the body Of SulIi-
van: me body was that of a well devai.
oped young man about six feet tall. nh
wound upon 1t was a penetrating one inst
ho6ve a the 9ase OF the heart. The bullet
course and. passing from LEFT to rieht
2 It's exit at the lower aus ta1 ~ :;
the n1th rib at the back. ME chest
cavl!y a been found to be filled with
~ o ~ Knew nothing about the bull
Iet. Death had resulted from the shoot.
of the wound. ."e sAocA
On representation the doctor fur.
ther stated that in order to inflicf s,,ch
= YOUNG the gun making it would have
re,t Du u tad a. an ana. angle with the body. He
hyan was q large. well-developed man.
w w. remington, the county survey.
or, produced a map Of the Durgan ho,,se
PREMISES n said he had made it last
ing rendered his assistance in coIiectirv
data for it. ~o''eoe1ns
Nell McManin, a miner. residing at tho
Dusgan house, followed MI. Pennington.
s se o sac, s.r ne mad known Dan D. Sullivan
IN the night OF the killing he had seen
MN about the Duggan house. He knew
the location Of the combination anne
10 the house and the dry within it.
feet square n a stove stood in the cane
yer or It. About Z o'clock in the even
OF december Is. he had seen Sullivan
the dry" Five persons IN all were
tthheere u ne could not remember who
We're Patrick Walsh. Jim McQuarrfe.
Driscoll and Sullivan. He hiro'
seif completed the five. While they were
there Gfllman had entered and taken a
s st on a bench In one corner. After he
van removed his coat and hat. hunr
them UP and walked towards the stow
he did SO the shot which killed him
was Hred and sullivan threw his handa
% his breast with the exclamation. .I'm
He had then staggered into the
hallway and died. Witness said he ha NOT
'een Gilman fire the shot, but had seen
aim standing up afterwards. He had not
seen a gun in Gillman's hand. Gilman
said nothing after the shooting ana
In the room only about a min
lte. There had been no talk between
and Sullivan. He said he waa
'ure OF it. When the shot was Aired the
men were about nine feet apart.
sullivan had nothing in his hands when
le approached the stove, as his arms
we're hanging by his sides.
BY means of the PENNINGTON man the
Witness described the premises and the
espective positions of the men. and the
nap was then submitted to the inspec-
lon OF the jury. !
McManin wa subjected to q rather ]
evere Characterization. He said he
ad come from Ireland to this countrv
1891. and located In Cleveland, Ohio. !
rom there he had gone to the Black !
ILLS Of South Dakota and then come to
lutte. He was required to give a de-
allied account Of his actions on Christi !.
las day. He said he had attended
II o'clock mass In the morning ana
one to bed from four to six times be-l
ween l and 8 o'clock in the afternoon.
letting down : the scene enacted u