Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-02
Kennedy Tries to Prove Alibi
in Assault Case.
WITNESSES FOR NORRIS
Seem Positive That Kennedy Was the
Man-MrS. Morris Re-
breaches Him.

The charge of assault in the second de-
gree made by Charles j. Norris against
Thomas Kennedy about a week ago was
aired in Justice Nichols court today, and
If the nature of the testimony is a cri-
terion by which to judge, somebody IS
mistaken. The assault was committed at
the corner of Galena and Washington
streets on the night Of the 25th Of anuar
and four persons testified to having seen
Kennedy west Of Main street shortly be-
fore. yet Notwithstanding this fact sew
eral others swore that Kennedy was In
the saloon and boarding house kept by
Michael Torpey in East Broadway at the
time the assault was made.
The state was represented by c.. F.. KEEL
Nv and the defendant by L. p. Forestell
of the law firm of Donlan & Forestel1.
The complaining witness, who resides
at 416 West Galena street. told the court
that he was employed as a barkeeper at.
the saloon kept by James McGovern. At
about 4:30 D. M, on the 25th Of January
the defendant had entered he saloon
dIO I4ulICu AVA AZ
Thomas Skully. Kennedy was a stranger
to him. He had told Kennedy that he
knew not where Skully was, and Kennedy
accused HAM of harboring Skully in the
back room, using some strong language
in making the assertion. Morris said he
told Kennedy he could not talk to hum
that way. .,,-.
He began to detail the circumstances
of the alleged assault n the defendants
counsel objected to its continuance on the
ground that it was not proper. as 1t had
not been shown that an assault had
been committed
Morris was allowed to continue his mar
rative. He said Kennedy had repeated
some bad language towards hum and ne
had told the porter, h was standing
near the end of the bar, to put him out.
| The porter started tocomply and witness
, picked up a club to help him enforce the
; order, but Kennedy backed out of the
house.
About $40 o'clock that evening" said
Morris, II left the saloon to go home.
When opposite the priests house in West
| Galena street, which is close to where !
live, Kennedy and a partner jumped out
| and assaulted me-. They knocked me
down and kicked me, Kennedy remarking
Now I've got you. you --- the
partner had a knife and made a slash at
me with 1t, cutting my finger. When l
got up I pulled a gun and they ran down
Galena street. I do not know who Kenne-
dy's partner was. He was short in size
and wore a derby hat pulled down over
his eyes. Kennedy also had a knife
about as long as a lead pencil. l had new
err seen him prior to the occurrence in the
afternoon. After he called me the names
l picked up a club behind the bar and
started after him, but he backed out OF
the house. l would have hit him had he
remained inside. I was told later that
Kennedy intended to do me UP and I got
the gun to protect myself
On cross-examination Morris said the
men had come from across the street and
struck him on the neck from behind-he
did not have time to turn around. The
blow had dazed him. He repeated the as
sertion that both men had knives.
"Your complaint alleges" said Mr.. For
estell, that you were aso assaulted with
brass knuckles. Is that true?"
II only surmise that. I was struck on
! the neck, and it must have been by
knuckles. The doctors thought So"
"How are you SO positive as to the
identity of the defendant"
! by the mi of his language n his
general demeanor. He stood over ms
and cursed and muttered and I recog-
nized his voice. When l pulled the CUR
5 Kennedy's partner caught him by tht
sleeve and said: Come on, you --
-!' and then said to me, Don't
shoot!'"
: John Allen, the porter to whom Morris
referred, stated that he had seen the
saloon trouble between Kennedy and
Morris. It was part of his business a.
! porter to keep down trouble II he could
Between 6:25 and Z o'clock that evening
he had seem the defendant near the new
high school building. on West Parl
street. Another man was with him
They were walking west. Witness had
taken particular notice Of Kennedy, be.
cause he had heard he intended to lay
for Morris.
You're a bouncer at McGovern's sa.
loon, are your" asked Mr.. Forreetell or
cross-examination.
NO, sir; I'm a swamper."
You attempted to put Kennedy out
did your"
II caught hold OF his arm and told him
to go OUT n avoi trouble. He woult
not go, and Morris and I put him out
We used no brutality. Kennedy exhibit
ed no weapons. but appeared to be some
what hot headed"
As to seeing Kennedy and his partne,
on West Park street later. they ha6
passed Hmm. and while Kennedy hat
neither said nor made any demonstra
: tion towards him he had given him
J bad eye look as they passed.
! John R.. Hickman, a real estate dealer
Of 11s West Gaaena street. said he wa,
present during the dispute between Nor
ris and Kennedy in McGovern's saloou
F1e corroberated- Morris story. Morri
had helped to eject Kennedy, and tn
latter. az ne e through the doorway
said something about getting Morris.
Mrs. Morris, wife Of the complaininl
witness. testified that she had hear
= Norris 'hol1er'' while being assaulted
and had gone out to see what was tn
matter. She had seen Kennedy and an
other man beating Morris; had seen thei