The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-15
AGED DEFENDANT IN BLEWETT
CASE FACES JUSTICE.
TESTIFIES IN HIS OWN Behalf
Accused Man Makes Favorable Inn
preston on the Witness Stand
Defense Confident Of
Acquittal.
Especial to Inter Mountain.)

Deer Lodge, Oct. 15.-The trial Of John
Warne was still on in the district court
here today. The defendant was kept on
the stand until late yesterday afternoon,
and was subjected to a rigid cross exam
ination by the prosecution. He gave hts
testimony in a clear and straight for
ward manner.
He was followed by DR.. Mckenzie Of
Anaconda, who examined Warne at the
Anaconda Jail on the night after the fire
in Walkerville, and he said that he failed
to find any evidence of crime upon him.
$. w. Shire, the reporter who took the
testimony at the cOrOner's inquest, was
next called.
Error in Reporters Notes.
There has been mo. e or less contro ersy
over the reporters notes, some of the
witnesses claiming that their statements
at the inquest were not correctly
transcribed.
The first witness this morning, was j.
A. Curran, who had been put on the
stand by the prosecution heretofore. He
was one of the men who helped to take
the remains of Evelyn Blewett from the
fire. His testimony was of a general
nature.
Following this, four little girls, Katie,
Nellie and Alice Whalen and Bessie
Shields, of Walkerville, We're put upon
the stand to testify regarding the man
ner in which Warne treated the children
of Walkerville. They all agreed that he
was kind old man, and that they never
saw anything out Of the way in his ac-
tions.
Eugene DanecOurt, who lives near the
reservoir, said that he saw Warne most
every day and often saw him give
nickels to the children. Mr.. Mcleod and
Harry Bryant testified as to the good
character that Warne has always borne.
Alex Mcdonald, the convict from the
states prison, who was on the stand
yesterday was recalled and further
questioned, but nothing Of Importance
was brought out.
Foreman of Water Company.
r. Probst. general foreman of the
Butte Water company, was next called.
He produced gold watch, which he had
taken from the fire, as we'll as a twenty
dollar gold coin and a $100 deposit check.
They We're the property of John Warne,
and We're left by him in the fire. He tes-
titled that he had known Warne for ten
years, and his reputation was good.
Frank H. Miles, foreman of the Butte
Water company at their station at Feely.
was called and testified to the good
character of Warne.
Eugene Carroll, manager of the Butte
Water company was recalled. He was
used as a character witness and told of
Warne's connection with the water COM
pany, and of the good reputation he had
borne. He said that Warne's manner OF
dress was sloven and that his clothing
was often more or less disarranged. He
had retained him because of his honesty
and steadiness.
Defendant Testifes.
At one time Mr.. Carroll had employed
Warne as a handy man about his home.
and had no complaint to make as to the
manner in which he had conducted him
self John Warne was recalled just before
Booth, I am y years DID, replied
Warne. THAT is ALL" replied Mr. Booth.
What did the people say, Mr..
Warner" asked Mr.. Breen, when they
first came to the fire?'
Ray Mcleod was the first to come"
said Warne, "and she asked me if Eve
lyn Blewett was in the burning cabin"'
what did you tell her?"
II told her yes, the little girl was in the
fire."
Did any one else inquire about Eve
lyn Blewett?" -
"Yes, a number of them asked If Eve
lyn BleWett was in the fire and I said
yes.'
That will be all, Mr.. Warne," said
Attorney Breen, and the old man slow
ly walked back to his seat behind his
attorneys.
Defense Closes.
Mr. Booth then said that the defense
would probably not introduce any more
witnesses, but he did not desire to rest
his case until after dinner, but gave
notice that he would most likely do SO
at that time.
The case is now attracting more at
tention and there is much speculation
as to what the outcome will be. Warne
and his attorneys are very sanguine OF a
verdict of acquittal, while the states at
torneys claim that they are satisfied
that the case as made out is strong
enough to convict.
At 2o'clock this afternoon the deposi-
ton of A. ]. Wakefield Of North Dakota
was read to the jury. It related to
Warne's good character during his resi-
dence in that state. Charles G. Vail,
civil engineer of the Butte Water COM
pany, testified to Warne's good character.
The defense rested at 2:4O. and the state
offered nothing in rebuttal. The court
then occupied half hour in reading In
structions to the jury, and arguments
began at 2:40. County Attorney Simpson
opepsd for the state and was followed
by Attorney Kohl of Butte FOR the ~
tense. Mr.. Kohle will be followed by M
torney Booth for the defense, and County
Attorney Breen will close for the state.
The case will not, In all likelihood, go to
the jury tonight.