The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28
EVIDENCE OF Ex-cHlEF JACKSON
RULED OUT.
DEFENDANT TAKES STAND
Testifies to Events Which Occurred
on Night Mcbride Was
Shot.

From Saturdays Daily Gazette.
Hayden's recital today of the shoot
ing of John P. Mcbride and the Incl
dents leading up to the tragic occur
renee constitute the most interesting
portion of the, trial up to the present
time. Though slightly nervous for
a time, the mar o. trial for his life
told his story in a straightforward
manner and was mistaken by the
searching cross-examination OF the
state. During his recital of the pur-
suit and final overtaking and shoot
ing of Mcbride, Mrs. James Mcbride,
mother of the dead man. who listened
attentively to the tragic details of the
affair, broke down and sobbed aloud
in the court room.
Former Chief Of Police K. S. Jack
son was the first witness called this
morning. He testified that he was
chief of the Billings police department
November IL, 1902, the date upon
which the shooting took place. When
asked if he had given special orders
to the defendant to be on duty on the
night of the shooting, Notwithstanding
the fact that Hayden's hours of duty
were from Z o'clock in the morning
till z o'clock in the evening, the state
objected. On request of the defense
the jury retired from the court room
during the examination of Mr.. Jack
son as regards the orders mentioned
and the cause therefor, till the court
should pass upon the ~admissability OF
such testimony. After the retirement
of the jury the examination was con.
tinued and Mr.. Jackson testified to
having given such orders to the de-
PENDANT. The defense stated to the
court that it expected to show by the
testimony of the ex-chief that Hayden
was looking for the perpetrators OF
several small %burglaries and petty
thefts and further that the defendant
had, a description of a burglar which
had been sent out from another cOun-
ty and that he was looking for the
man wanted at the time. The objec-
tions of the state were sustained and
the testimony desired to be introduced
by the defense was not allowed. The
jury was summoned and after MI.
Jackson left the stand Hayden vas
called to testify in his W defense.
The defendant testified that he did
not know John P. Mcbride and had
no prejudice or i'll feeling against him.
He was on duty on the night OF the
shooting. He stated that both Mayor
George and Chief OF Police Jackson
had given him orders to be on duty
that night. He then detailed the in
cidents leading up to the shooting OF
Mcbride. He told of first seeing the
man and following him to e what he
was doing. He described minutely
the ground passed owe during the
pursuit. That Mcbride was walking
when he first started after him, but
that he soon commenced to run and
the defendant ran after him. Before
Mcbride commenced to run, the de-
PENDANT had met another man whom
he took for Officer Dulin. He asked
the other man what was going on and
was answered that there was nothing
going on. He called the strangers
attention to Mcbride, who just then
commenced to run, and said there
was something going on and he was
going to catch the man who vas run
ming. He then knew that the man
he had 'accosted as Officer Dulin was
not Dulin. He followed Mcbride and
chased him for about five or six min
utes before catching up with him
When he caught up with the fugitive
and took hold of him, Mcbride broke
away and he grabbed him again. Nc
Bride turned and again broke from
him. AS he reached forward to catch
hold of the man again, Mcbride fel.
over the low railing neal which they
were standing and which the defend
ant did not notice. Mcbride fell or
his hands and the defendant fell al
most at the same time. He had no.
drawn his revolver up to this time
but drew it as he was falling. .WheI
he fell his elbow struck the GROUND
and the revolver, which he then held
III. his hand, was discharged. HI
S&rang IN and asked the nan who still