The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-24

any testimony from the Witness he.
cause his name was not endorsed on
the information. It appeared that a
mistake had been made in one of
the initials of the witness, a ::.T" hay-
ing been substituted in place Of the
Fl" The objection was overruled, to
which an exception was taken. After
this little incident witness was asked
ii he had a pistol that was carried by
the defendant when he was a police
man. In reply he produced a revolver
which he said belonged to Hayden.
There was no cross-examination, ex-
cept as to asking the witness about
a remark the defendant made when
Mcbride was taken to the doctors
Office. He replied that Hayden had
said he was afraid it would go hard
with him.
e. S. Jackson, who was chief OF
police at the time the shooting &C.
Cured, identified the revolver on ex-
hibition as being like the one carried
b! the defendant while he was a po-
liceman. 1t belonged to the city and
was turned in to him by Hayden, a
few days after the shooting. When
given the revolver witness said he
gave 1t to the police magistrate and
subsequently issued it to Policeman
Baker.
The defense acknowledged that the
the defendant and the one from which
the shot was fired.
Mr.. Kingsbury conducted the cross
examination which was very brief, as
most of the questions put by him were
ruled as being improper. 1t was at
last brought out that the witness as
chief had instructed the defendant
to go on duty, after having been re-
lieved for the day. On direct exam
ination the witness testified that at
the time Of the shooting Hayden was
doing day duty, his hours being from
Z in the morning until z in the even
ing. 1t was attempted to show why
the order for the performance OF ex-
ira duty had been given, but the court
would not allow it, holding the exam
ination to be improper.
]. A. Gilully. a reporter, testified
as to statements made to him by the
defendant concerning the shooting.
Witness said that Hayden told him he
had chased the man several blocks
and that the shooting was accidental,
as he stumbled with the pistol in his
hand and it exploded. The next day
the defendant took him over the
ground said to have been covered dur
ing the chase and showed him where
the injured man fell. H..
The cross-examination OF the wit
ness was very short. The object OF it
| seemingly was to show that the chase
led the officer, as described by the lat
ter, was away from the lighted part OF
the city. ,s.-
P. r. Sullivan, another reporter, de-
tailed a conversation he had with the
defendant the night of the shooting
and a few hours afterward. The
shooting was claimed to have been &C
cidental, and to have occurred as the
| defendant and the deceased were go
ing over a railing. ~
j. M. Walker, recently a member OF
the police force, was in the city No
vember Is, 1902, and was a police
man at that time. He saw the wound
ed man in the drugstore to which he
was taken after the shooting. 1t was
between 8 and 9 o'clock at night. Hay
den then told him about the shooting
and his chase of the man before the
shooting. Describing the shooting the
witness said Hayden told him it was
an accident, as his revolver was dis
charged in getting across a railing
over which both OF them went.
.