The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-12

cused the witness of the theft, but told
her that if she would pay him $50 he
would drop the matter and say nothing
further about it.
The witness claimed the officer had
stated that if she refused he would land
her in the city jail. She told Gordon
that She only had % In the house, but
finally borrowed 81 more from the Ar
mold woman, which she declared she
gave to the officer, rather than be locked
up, The witness also claimed that the
officer then threatened her that If the
balance was not paid by the following
Sunday he would place her under arrest.
She did not meet the demand and was
accordingly arrested.
Arnold woman.
The Arnold woman was brought in and
her testimony was practically the same
as that given by the witness who preced-
ed her.
The story of Ada Baker, the third wit
ness, was along the same lines, but she
also attempted to give extremely damag-
ing testimony against the moral charac-
ter of the defendant. All three witnesses
declared that Gordon drank frequently.
and often appeared in that part of town
III al luLOAlCdlcO COAO1tAoA AN ~ W.
ecution endeavored to make capital out
of the fact that Gordon was not on the
Mainville beat the night the robbery is
alleged to have occurred, but later In
the proceedings the defendant and others
who testified in his behalf stated he had
left his regular beat only on the assur-
ance from Davis, the victim, that the
regular officer on duty there could not
be found.
Baker Woman.
The Baker woman made an effort,
through her testimony, that Gordon had
talked with her on the street last Fri
day, and in the course Of the conversa-
ton Gordon had told her that if he could
get a couple Of women to testify as he
wanted them to he could get other wit
nesses sufficient to fasten the stigma o
grating upon Chief Taylor, Assistant
Chief OBrien and Officer Smoltz.
In the cross-examinat.on conducted by
Mr.. Walsh the Howard woman denied
that she mad ever been in Anaconda
prior to last March, denied that she had
ever been arrested and ordered to leave
town by Former Chief White. She also
denied, when accused by Mr.. Walsh. of
putting her hand through window
screen and stealing the money out of
Davis pocket.
When the prosecution rested the ccun-
sci for the defense moved or non-su!t,
but before the members of the court Of
inquiry, to a man, reused to entertain
the proposition. So the hearding pro-
ceeded further.
The Defense.
The first witness for the defense was
G. J. Walsh, who went on to testify as
to the sobriety of Gordon on the night
of the alleged robbery and subsequent
nights
Mr.. Walsh related that Gordon told
him Of the robbery the night it occurred
and asked his advice as how to proceed;
he also stated the Howard woman had
offered him $40 to keep quiet. The wit
ness told Gordon not to take the money
and to proceed very cautiously or else
he might be trapped.
Gordon was next put on the stand to
testify in his own behalf and was sub
jected to a rigid crQss-examination by
Mr.. Sawyer.
The most damaging fact brought out
against him was the fact that he had
left his beat on Main street on the night
of Sept. 20, to carry a letter from Henry
Fritz, bartender, to house of i'll re-
pute in Meanwhile. His explanation OF
it was that he was asked by the sender
to get a boy to take it over, but not see
ing any on the street that time of night
told Fritz that he would take it over
himself after midnight.
Relating how he happened to go to
the scene of the trouble on the night OF
Sept. q, Gordon said:
Davis came over to where I was on
Main street, said he had been robbed
and wanted me to- go over to Meanwhile
and make an arrest. 1 told him Officer
Smaltz was on the beat there and to get
him. Davis replied he could not find
Smaltz, then I thought it was my duty
to go with him. went with Davis and
we confronted the Howard woman; 1
asked her to return the money she had
stolen from Davis, but she denied that
she had taken the money. Finally we
went away Davis said he would be
satisfied if he could get back half the
money and we returned, made the de-
mand for the $50, in accordance with
Davis wishes. Still the woman refused
to produce any money"
The Friday night that the Fritz let
ter was delivered. Gordon testified that
the Howard woman sent word that she
would see him.
"This night she admitted she had
OBrien and Smaltz had been there and
raised trouble about the money She
said $40 of it she had divided between
Chief Taylor, Assistant O'Brien and Of
ficer Smaltz, that she had given the for
mer SIS each. SO to the latter and had
saved SO for him, which he refused"
John Davis was strong witness in be-
half of the defense and his testimony
had considerable weight with the men,
bers of the council.
Other witnesses testified as to Gordon's
previous good character.
The city attorney put Chief Taylor.
Officer Smaltz and one or two others in
rebuttal.
Chief Taylor declared that Gordon had
told him nothing about the case until the
Saturday after the alleged robbery oc-
Cured and that was when he asked him