The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
DEFENSE is IN LINE
BARNAMAN SAYS HIS DISTRICT
COURT TESTIMONY WAS TRUE.
TOM BORDEAUX TEsTIFIEs
States He Was Not in This Country
When His Bro her Brought the
Divorce Suit-Made Notes Of
Date Before Leaving.

After a recess of four days, the pre-
liminary hearing in the case of the state
against Charles L. Barnaman, accused
Of perjury in the trial of the Bordeaux
divorce suit, was resumed in Justice Mel
sons court this morning, with the de-
PENDANT under cross-examination by the
assistant attorney general, H. D. Moore.
Before any questions were propounded,
however, Mr.. Moore asked the court to
exclude all other witnesses for the de-
Tense from the room, but Attorney Booth
objected on the ground that such an or
der was not requested at the outset Of the
hearing and it was not exactly fair to
make such request and insist upon it's
enforcement in the middle of the pro-
ceedings.
Witnesses Are Excused.
Justice Nelson entertained the request
and shut out of the room all witnesses
save the one on the stand.
who did you say was with you on
the night of December 49, 1897, when you
said you saw l.. A. Sisley leaving 1926
West Broadway" asked Mr.. Moore of
Mr.. Barnaman.
An objection was made and overruled.
1.-The question is proper" said the JUS
tice.
Nobody was there with me-" replied
the witness.
Where did you leave Pierce?"
II don't know whether it was at the
corner of Idaho or Washington street. I
walked out Granite with him."
did you state to Pierce during the
progress of the Bordeaux trial that Bor-
deaux and his attorneys had made mis-
la. - <1,n <{voon Sic1o
and Mrs. Bordeaux had been seen at a
certain place in West Broadway, and that
you and the other witnesses would be
compelled to testify that it was in Sep
TENDER, 1897, instead of December"
II did not
did you show Pierce your note book
and comment on it's contents?"
Must Have Stolen It.
II did not. If Pierce saw the book he
must have stolen it from my pocket"
Did you state to Pierce that you had
received $50 on one occasion and $3.50 at
another besides your regular witness fee
for testifying in the Bordeaux case?"
II did not"
did you tell him that neither Bob
Campbell nor Tom Bordeaux were pres
ent in West Broadway at the time they
said they were?"
Il did not"
Many other questions along this line
were asked, but nearly every one met
with an objection on the ground that it
was not proper cross examination.
Each objection was overruled by the
justice.
On redirect examination Barnaman
said the testimony he had given at the
trial was true.
10 &14o rcofi a wv
Mrs. Gordon, the woman detective, the
witness said he would not say the testi-
mony she gave was not true, but would
assert that what he told her was not
true.
Thomas J. Bordeaux followed Barna-
man. He said that at about 8 o'clock in
the evening of December %, 1897. he had
seen L. A. Sisley and Mrs. Ella F..
Bordeaux in an unfinished building in
West Broadway. The building at that
time bore no number.
He also said he had seen Barnaman
in that vicinity that evening.
Change in the Dates.
Asked on cross-examination If he had
not testified in the district court that the
date was September 81 instead Of De-
cember %, he answered In the affirmative,
adding that after making the statement
he had found memorandum book show
ing the proper date and had then gone
on the stand again with the permission
of the court and corrected the mistake.
II was not in this country when the
complaint was filed, being soldier In
the Philippine islands," said the witness.
land paid little attention to the date.
when my attention was called to the
fact that the house was not built at the
time the complaint stated that Mr..
Sisley and Mrs. Bordeaux had been seen
in it I hunted up the book and found the
date to be December %.
1T was then that requested permits
sion to correct my former testimony.
which the court permitted me to do
Solid gold stick pins. crescent shape,
only 50.