Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-02

Asked II she Identified Kennedy posi-
lively. h answered:
Yes: I knew him as soon as entered
the room"
During the direct examination Of Mrs.
Morris she turned to Kennedy and said:
"A great big six-footer like YOU! What
did you want to murder q httles man like
him for?" (meaning her husband).
Never mind, Mrs. Norris" said the
court.
while being cross-examined she said
Kennedy had dropped his knife and
Kennedy she added: why didn't you
leave the knife there? What did you
want to pick it up for?"
Policeman John Sullivan testified to a
conversation he had with Kennedy that
evening. He said Kennedy had met HIM
in the city hall before the fracus and ask
ed him the location OF his beat. He ans
wered North Main street" Kennedy
had then asked who was or West Park
street n witness told him James J..
Byrne. Kennedy requested the witness
to tell Byrne to keep away from that Sec
ton as he n another man were going
to have a fght. Sullivan said he had
told Byrne.
do you consider it your duty as a POI
ficeman when you have information Of =
prospective assault, to say nothing about
IT." asked Mr.. Forrestell.
II told the officer"
did you report it to our superior? %
mo, SIR"
Officer Byrne then testified the his
beat extended from Main street to wy
oaning in Park.
Policeman Tom Walsh said he had seen
Kennedy crossing Main street going west
about 6:15 O'Clock in the evening OF JAM
uary Is. He fixed the time from what
officer Byrne had toll him.
us it not a fact that the defendant
n o are not on friendly terms?" ask
ed Mr.. Foresstell.
20, I don't know"
w are not on speaking terms"
us 1t not a fact that most of the pO-
licemen are not on speaking terms with
the defendant" asked MI. Kelly re-
directly.
II don't care to answer that question
Albert c. Jobes, a hack man. testified
that he had heard Kennedy say he had
trouble with Morris and il that little
--- thought that was the end Of
1t he was mistaken.
Jailer Thomas Boyle testified to some
of the language that had baen used by
the two men in the Jail office at the time
Kennedy was arrested. Norris had ac-
cused Kennedy of having assaulted him
with steel knuckles n Kennedy called
him a liar. Morris then turned to wit
ness and. said: Mr.. Boyle, put this duffer
away or III kill him."
AKA NAC0N~ - AAAA
F. Torpey was called for the defense. AT
$40 O'Clock in the evening of the assault,
said Torpey, II did business with Ken
needy in my boarding house at 1868 East
Broadway. He was in and out until 8
o'clock after that and was not out of my
sight a nal an hour at any time be-
tween 6 and Z O'clock. He was not, in
fact, out out OF my sight over fifteen min
utes between 6 and g."
Kennedy testified in his " behalf. He
said that between s and s O'Clock in the
evening of the 25th he was in Torpey's
saloon. He admitted having had trouble
with Morris in the afternoon. He said
he asked Morris for Skully and the lat
ter had told him SAully a an office in
Park street and had more business in the
saloon than did he (witness). More
words had followed and then Kennedy
old Morris he did not like the way he
talked. Morris reached under the bar,
pulled out a club and said. Maybe you'll
make somebody like it, you big ----
Morris had then CONS from behind the
bar and struck him three or four blows
with the ctub and in conjunction witt,
the colored porter put him out.