Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-28
Gerry, MEAT AND PROVISION DEPARTMENT.

on, it was for the purpose of getting
my coat and rubhers. Thompson then
wanted to know il l meant anything
when we We're scuffling. and l told him
l did not and to let it so at that, as
l CD not want any more tax and
wanted to go home. ! started out of
the saloon, and, while moving. tried to
put my overcoat on, but there was
something wrong with the lining. When
about halfway between the saloon and
bridge that spans the creek, l tried
again to put the coat on. but before
l could get it on Thompson grabbed pe.
l tried to get away. and had almost
succeeded. when he got a hold on C1le
of my wrists with his left hand and
punched me with his right. He turned
my wrist. and l had to twist around
and drop to my knees.
In the saloon that night Thompson
told me that he weighed .a25 pounds.
When he was twisting my wrists he
was too powerful for me to resist him.
l was frightened when Thompson was
over me, I thought he was going
to kill me. 1 asked him to let me go.
but he paid no attention to me, and
I then told him if he would not let go
l would cut loose l drew my knife
from my pocket. opened the blade and
made swipe at him. After l stabbed
him he let so of me and went away.
I did not intend to kill him. l bought
the knife for pocket use, and had no
intention of killing Thompson or any
one else with it,
Going back to the time I left the
saloon. will say that l said something
after getting outside of the door. but
l do not remember what it was. Har-
son and Anderson to come outside, nor
did we go back to meet them. We did
not know Thompson was coming, and
l never saw him until he grabbed me.
Afterwards my wrist was sore from the
way Thompson twisted it and my face
was sore from the slaps he gave me-.
Today Mr. O'Brist, mother of the
defendant testified as to the condition
Of the boys wrist and cheek when he
returned home. She said the right
wrist was swollen and one side of his
face red
This closed the regular testimony and
few witnesses were called in rebuttal,
the first being Mr.. Gilbert, the keeper
of the saloon in which the trouble
originated.
AT the time O'Brien and Harring-
ton left your saloon. how close were
you to Thompson" asked the county
attorney.
The question was objected to on the
alleged ground that it was not in the
line of rebuttal, and the court sustained
it.
Were you close enough to Thompson
to hear what was said?'
Yes. SIR
Did you hear Thompson call out to
the boys after they left the saloon:"'
Il did not"
s. J. Anderson also said he did not
hear Thompson say anything to O'Brien
and Harrington as they left the place,
and he remembered everything said.
AT the time Thompson and O'Brien
came together outside, was there any
crying or hOllering?"
mo. sir; there was not"
Witness Holm was also examined IN
rebuttal on this point He said he had
not heard Thompson say anything, and
he was in position to have heard if
there had been anything said
Deputy Sheriff Rowe. who arrested
OBrien on the day after the stabbing.
testified in rebuttal that he had seen
OBrien wash himself after the arrest.
and he saw no bandage on his wrist
or mark on his face. He said he had
taken particular notice to his face
This closed the case, and following
the letter of the new law, the Judge
instructed the jury before the argu-
! ment was made.