Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-28
FATE RESTS
WITH JURY
ARGUMENTS MADE AND INSTRUC-
TONS GIVEN IN THOMPSON
MURDER CASE.
O'BRIEN'S SIDE OF
THE STORY TOLD.
Claims Thompson Was Powerful
Man and That He Acted Purely
In Self Defense.

The trial of John O'Rrien for the muir
der of ole A. Thompson is finished so
far as the testimony and argument are
concerned. and a verdict of the jury
is the only thing needed to place the
finishing touches on the case. Contrary
to expectations, the doctors who made
such serious accusations against each
other at the cOroners inquest on the
body of Thompson in connection with
the treatment of Thompsons wounds
prior to death We're not permitted to air
their troubles on the witness stand,
fact which no doubt shortened the pro-
ceedings considerably. The attorneys
for the defense We're content to advance
the theory of self-defense for their
client and fight it out on that line, be-
lieving such a course preferable to haV-
ing a dozen physicians taking up the
time of the court with accusations of
malpractice against each other. Several
doctors gave testimony however. but
what they said related solely to the
wound received by Thompson and the
customary general results of such a
wound Their language in nowise re-
Elected upon the professional ability of
any member of the medical fraternity.
The instructions read by the judge
were those of the defense. they having
been prepared by the attorneys for
OBrien, and We're therefore not expect
ed to be prejudiced to the defendant
Johnny Harrington, the star witness
for the defense. got badly mixed in his
testimony in court yesterday afternoon,
but he wiggled out of it as gracefully
as the circumstances would permit.
Johnny is II years old and up to the
time of the murder had been one OF
OBrien's boon companions for two
years. He has known O'Brien, however.
about a dozen years. their first meet
ing being in Michigan. At the time of
the inquest on the body of the murdered
man Harrington testified that at the
time Thompson and O'Brien came to-
gether he was SO yards away from them.
but on the witness stand yesterday he
reduced it to two yards. He also said
at the inquest that Thompson had hold
Of ,O'Brien's left wrist. but yesterday
it was the right wrist. Asked to eX-
plain this discrepancy the young man
said he had not understood the Ques-
lions at the inquest. He also said that
Attorney Wines for the defense. and
himself had visited che scene OF the
i stabbing since the occurrence ana MADE
a measurement of distances.
In relating his experience of the night
of the stabbing Harrington said he had
|
latter had then said something about
! two good smashes, but he did not re-
| member whether he said he had received
| them or given them. 1t will be remem-
| bered by the testimony that when
| Thompson returned to the saloon after
| he was stabbed he was wiping blood
| from one side of his face with a hand
| kerchief but there was no testim ony
| to show that Thompson had struck HIM
| self or that OBrien had hit him.
| O'Rren testified in his own behalf.
! He said he was Is years old, and, when
at home, resided with his father and
| mother He had lived in Silver Bow
| county eleven years and weighed 154
! rounds Il have worked at the Butte
reduction works four years." said he.
ION January Is I got off at $50 O'Clock
and met Thompson in Gilbert's saloon
about 80 I had known him five or
six years, but when l met him the
first time that evening l did not talk
to him. From the saloon I came up
town on car and stayed about half an
| hour then went to the skating rink
on a South Butte car. About ten min
| utes after my arrival there l went over
to the saloon to leave my overcoat and
| overshoes. 1 had a pair of skates, but
| did not have them on when l went to
the saloon. l met Thompson at the
| saloon and had talk with him, our
| conversation relating to the relative
| strength of myself and a boy named
Joyce, who was not there. we got
into a friendly scuffle, and Thompson
told me l was not so strong as Joyce.
When returned to the saloon, later