Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-10
TESTIMONY IN THE pRELIMIN
AIRY HEARING WAS CON-
FLICTING.
TROUBLE OCCURRED
AT AN INQUEST,
It Was Alleged that DR.. Hall Cut DR.
Clarkson With a Penknife Dur
ing Dispute.

DIR. Horace M.Hall was given a pre-
liminary hearing in Justice OConnors
court in WalKerville yesterday or ,
on DR.. William F. Clarkson at the In
quest on the body of Ole A. Thompson
who was murdered by young John
OBrien, and after the testimony had
been submitted the justice discharged
the defendant. The state was repre-
scented by Alexander Mackel, one of tie
assistant county attorneys. and the de-
PENDANT by William A. Pennington.
The hearing covered a period of abou:
two hours during which volume of
testimony was submitted. 1t was a.
legged that DR.. Hall had cut DR.. Clarksc1
with knife and while there was testi-
mony to show that such was the cas-,
and other testimony in opposition to this
allega ton, the justice concluded that the
best thing he could do in the premises
would be to throw the whole case out Of
court.
The trouble between DR.. Hall and DR..
Clarkson arose over the operat ton per
formed on O'Briens victim. Both were
present at the inquest, DR.. Hall as a VII
ness and DR.. Clarkson as a spectacle.
1t is alleged that after Dr. Hall ha
given his testimony a dispute arose be-
tween the two men as to the conditi, y
of Thompson's intestines, DR.. Hall claim,
ing that they were normal when the Op
GRAFTON was performed, and DR.. Clark
son holding an opposite view. 1t is ais,
alleged that in the expressions of differ
ence in opinion DR.. Clarkson said some
thing to DR.. Hall which the latter di
not like and resented it by sticking the
point Of knife blade into DR.. Clarkson $
face near one of the eyes and drawing
| it downward.
On the other hand it is alleged tina.
during the dispute Dr. Hall said some-
thing out of the way to Dr. Clarkson.
and followed it with an invitation to step
outside, punctuatng it by smashing D..
| Clarkson on the face.
DR.. Dogge testified that he heard 1,r.
Hall call Dr. Clarkson vile name and
then strike him. He did not, however.
see any weapon in DR.. Halls hand.
DR.. Clarkson had removed his coat and
hat. SO as to defend himself against Or.
Hall.
Under Sheriff Whitley introduced Il
knife alleged to have been used by Dr.
Hall. He said he had taken it from the
doctor after the latter's arrest.
Sol Levy said he had not seen tho
blow struck, and Swend Carlson stated
that he had seen DR.. Hall toying with a
knife while the doctor was giving his
testimony as an expert al the inquest.
George Spillum also said he had seen
the knife. 1t was, he said, in DR.. Hall
right hand when he struck DR.. Clark
son.
Joseph Lees said he had seen the blow
struck, but had not seen any knife.
After the close of the prosecution the
defense moved dismissal, but the court
overruled it.
Attorney John McClernan was ther
called for the defense. He said he i11ai
seen the trouble between the two men
He had seen DR.. Hall hit DR.. Clarkson
but had not seen the alleged knife.
Drs. Sheeran and O'Leary testified tt
having heard DR.. Clarkson call DR.. Hal
bad name and heard DR.. Dogge urg'
DR.. Clarkson to Ego at him." but they
had not seen knife in the hands OF d.
Hall.
John A. Ljubibratich said he nat
heard Clarkson call Hall a liar
and seen Hall strike Clarkson, but h
had not seen knife used.