The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-20


trial today. The case was that of Ed
ward Tobn charged with the murder of
Henry Foster. The case opened at about
half past 10 o'clock.
Crime Charged Against Tobin.
Tobin is the man who stabbed Harry
Foster to death in an alley back of the
Oxford block on South Main street on the
night of the Sd of July. The alley is
known as the Mahoney alley and has
several other names. 1t is a locality in
habited by some people of bad reputa-
ton.
On the evening when Tobn stabbed
Foster, who is also known by the name
of Hank Brady. he and his wife We're
having dispute about putting out flags
to celebrate the Fourth Of July, and Fos-
ter interferred in the dispute. Tobin is
miner, and Foster was an employee of
/ the gas company. TO
Foster received two stabs in che back
With a butcher knife and the infornla-
ton against Tobin states that he died
from one of them on thes5th of July. The
information against Tpb:p was filed on
the Sth day of July, silreesVhich time ne
has been lin Jail.
Tobin looks to be a man about 50 or
40 years of age, of medium height, and
has a black mustache an dshort-cropped
black hair. He has the appearance of a
laboring man of ordinary type.
It took all forenoon to get jury. and
1t was 10 minutes to II o'clock when that
had been finally effected. The state used
-four out it's five peremptory chal-
lenges, and the defense used out its 10.
County Attorney Breen and Chief Depr-
ty Makel prosecuted the case and Atfor-
uey Thresher defended TIE prisoner
At II O'Clock the defendant was re-
turned to Jail, and the court admonished
the jury not to talk Of the case or per-
nit themselves to be talked to about it.
Then a recess was taken till o'clock.
The jury in the case We're composed as
follows: Joseph Locatelli, G. T. Camp.
James A. Burns, ]. c.. Freeman, r.
Fried. David Bauer, ]. l.. FAINT, R. T.
Tretheway, James McManus, James
Burns, Johnson Caldwell and J. M.
Marks
Opening Statement.
At o'clock Mr. Mackel made the
opening statement for the state He
said that the prisoner. Tobin on the eve
ming Of the murder asked his wife for
fags to put on the cabin they occu-
pied in Mahoney alley Mr.. Mackel said
THAT it was his impression that the an
ger of Tobin was aroused by the fact
shat all the flags belonging to him were
he blamed his wife for their absence.
He erected what flags he had and when
ne descended from the roof of his cab
in he desired to chastise his wife. At
this point Foster interfered. The law
yer said that the butcher knife had been
used in the erection Of the Rags. 1t
was in the house. The prosecution ex-
pected to prove. Mr.. Mackel, said, that
Tobin took it up and pursued Foster,
and while the latter stood with his back
turned, stabbed him twice in the back,
1nf1icting two wounds from which he
died two days later.
p. J. Cassidy, a police officer. was at
the scene Of the stabbing of Foster. and
saw Foster lying in a cabin in Mahoney
alley
Foster was lying face down on bed
with his back all over blood" the Of
fcer said.
That was all Cassidy knew about the
case. A motion to strike out his evil
dence by Mr.. Thresher was denied. and
the order was excepted to-
The Stab Wounds.
The first witness for the state was
DR.. Leggatt, the city physician. who at
tended Foster when he was stabbed and
who made a post mortem examination
on his body after his death. The doc
tor said that one wound was in the left
shoulder and the other slightly left of
the spinal column.
"The first wound penetrated the lung
tissue and severed the intercostal art
cry" the witness said.
"How near the shoulder blade was
the first wound?" Mr.. Mackel asked.
1T went right through the shoulder
blade" the doctor answered.
The other wound partly severed rib.
the physician said.
"How deep was the wound near the
spinal column" the witness was asked
about three and half inches" he
replied.
What did Foster die Off"
'He died of loss Of blood"
what was the primary cause of his
death?"
1.-THE stab wounds" the doctor re-
Piled
On cross examination the doctor SO
that the wounds entered Fosters back
on the left side of the spinal column
and penetrated the chest cavity on the
right side.
H. H. Holiday. a colored man who
lives at No. 5 MahOney alley. testified
that he was in Tobin's cabin at D. m.
on the 3rd of July and that others were
there. There were two re oms in the cab
in. Holiday related the circumstances
of the killing. He was on the stand when
the afternoon report Of the trial con-
cluded.
PEANUT BUTCHER is SUED
Man Who Had Race Track Privileges