The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-09
ing around the house swore that all he
mad III his hands was the pail.
Threats to Kill,

Threats to Kill.
Hayes testified that at - o'clock-th0
killing was at about 5-McCaine and Miss
Joyce stood at McCaine's room in the
Parker house hall, and that as he came
in McCaine said, Nov I'll kill you,"
which was exactly the same statement
that he said McCaine made just before
he killed him.
Hayes said that he bought a pistol
at 3 O'Clock Friday ana another at 4
O'Clock on Saturday, the day of the kill
ing. After he killed McCaine he put
the pistol with which he did the shoot+
ing on his washstand, he said, and then
John Finn, who was witness for tho
state, came into the room and took II
up and put it in his pocket, saying that
he would keep it.
Told to Go Away.
Hayes said that Finn told him to get
away and to go to Anaconda, and that
Finn said he would help him get to Phil
adelphia. He said that he was told I'd
go twice before he would go, and that
he was told that the wound in McCaine'a
body was in the shoulder and was not
serious.
He said that after he went he did not
return to the city because he was afraid
of the people.
Asked about slapping Miss Rogers the
day before the Staying of McCaine he
said: II never slapped woman in my
life. I'm too much of a gentleman to do
that. Yes, sir; you bet"
you pulled gun on McCaine on Fri
day, didn't your" the county attorney
asked.
Yes; but McCaine put his hand on his
hip pocket" Hayes replied.
Hayes swore he never looked out of
his back window before the shooting of
McCaine.
Breen asked him.
Il bought it at o'clock on Saturday
and I carried it in my pocket till used
it," he replied.
He testified that he and McCaine were
pretty bad friends on account of the
international yacht race previous to the
killing. He said:
I'VE had little trouble on Friday,
the day before the tragedy"
Miss Keefe took the stand after Hayes
left it and positively denied that McCaine
drew pistol on Hayes at noon the day
of the killing and threatened to kill
him. Hayes had said she was present
She said that she did not even see them
together. Her testimony was in re-
buttal.
The testimony was closed at about 8
O'Clock, and the arguments of the at
torneys in the case We're then opened by
Assistant County Attorney Mackel. The
case will probably go to the jury to-
night.
When the trial was reopened at Ia
O'Clock this morning in Judge Nc
Clernan's court, the defense began on
it's side of the case. Several witnesses
were sworn for the defense.
Attorney English, for Hayes, made
the opening statement. The statement
was to the effect that Hayes would rely
upon the pleas Of self-defense to clear
him of the crime Of murder.
Mr.. English said that he regretted the
unfortunate tragedy. Then he said that
the defense would convince the Jury
that the 'high, imperious self-controlline
instinct of Misrepresentation" ectuated
Hayes in killing McCaine, and that
Hayes was not unjustified in taking Nc
Gaines life.
Confronted by McCaine.
English said that Hayes was going
out the front door Of the Parker
house to the Anaconda mine and that
he was confronted by McCaine, who
said, "Now I got you and will make a
riddle Of you" He was naturally
startled, the lawyer said, and he pulled
his gun from his pocket and shot Nc
Caine.
Coroner johnson testified that a pistol
was given him by man during the Nc
Game inquest. and the pistol was put in
evidence. Edward Leary, a fireman
testified that on the evening McCaine
was killed man thrust a pistol in his
hand and told him that he found 1t
under the porch at the Parker house.
Leary was dressed in his uniform and
was standing at the door of the Parker
dry house. 1t was a little while after
the killing, and many people were about
the door. Robert Lewis testified that
he found a pistol under the stove of
the dry room while McCaine lay on the
floor dying.
He testified that stranger asked tC
see the gun and that he gave it to the
latter. Leary was unable to say who
the man was who gave him the pistol he
got. and Lewis was unable to say who
the man he gave a pistol to was.
In the court room today neither man
could recognize the other according to
their statements. But Leary said that
the man who gave him the pistol said
he found it under the porch, while Lewis
was positive he found the gun under
the stove.
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