The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-25
BILLINGS COUNTY

he saw McAnany, who said that il
necessary the train would have to be
held Harris was win him, McAnany,
at the time.
On, cross-examination .le witness
said he did not go east of twenty
seventh street while looking for De
fendant Morse in Montana avenue
- What Others Testified.
City Clerk Carwile took the stand
and submitted the record Of council
proceedings called for by the prosecu-
ton, showing the appointment of the
defendant policemen.
Lou w. Chapple, an attorney, said
that he knew Harris, Salisbury, Morse
and Mowre. On the night Of the 14th
he saw Harris with some policemen
go into the city hall. This was about
11:20 o'clock. He saw Mowre dis
'tinctly and asked him what was the
matter that they, the policemen, were
going about in droves. He received
no reply to his question.
E. w. Dunno, deputy clerk OF the
district court, said that he issued the
writ of habeas corpus. 1t was on
the night of the 18th, about $3.50 or
8:45 O'clock. He saw Harris before
and after issuance Of the writ. Before
it was issued he was in the clerks
Office and asked to be shown the pa
pers in the Snyder case. Witness
gave them to him and Harris asked il
writ had been issued. Witness in
formed him that it had, when Harris
asked to whom it was directed and
witness told him to Morse. Before
issuance of the writ Harris asked him
in case one was ordered to whom it
would be directed and witness said
that no doubt it would be directed to
the person having the custody OF
Snyder. At about $3.50 o'clock witness
saw Harris and Dwyer in Montana
avenue.
The witness was about town until
II or 1880, but did not see Morse
anywhere. He was not looking for
him. Witness was at the depot after
the arrival of train No. 4 and saw
Harris and five policemen. He did not
see Snyder.
Henry A. Firth, also a lawyer, saw
Harris and Dunno on the night OF
the 14th, they were in front of Vale
& Potter's place in Montana avenue.
| Having business with him, the wit
ness was looking for Morse, but could
not find him. About nalf an hour was
, spent by him in the search, which
was confined to the CITY hall and
that portion OF Montana avenue be-
tween Twenty-seventh and Twenty
| eighth streets.
| Those kilograms.
| George w. Haywood, manager of the
/ Western Union office, was now call
| ed for the purpose of producing some
| telegrams said to have been sent and
received by the defendants Morse and
Harris and which were held to be OF
| Importance as tending to give evil
dence of their guilt Of contempt OF
court. The witness read instructions
received from headquarters in which
he was ordered not to produce the
. dispatches, unless ordered to do so
, by the court, as they were privileged
communications.
At the request of the prosecution
the court made the necessary order.
An objection to the introduction OF
j the messages was offered by the de-
i tense, on the ground that it had not
been specified which dispatches were
, wanted.
The objection was overruled and
the kilograms we're offered in evidence.
i The witness had not sent the dis
patches himself, he said and Mr.. Cod
dard objected to their introduction be-
cause, he said, the proper foundation
had not been established and the
identity of the persons sending them
had not been proved. This objection
the court sustained on the ground
that it had not been proved in whose
handwriting they were.
! The kilograms were now introduced
and marked for future Identification
1 to be used after the identity of the
sender had been established.
| This ended the proceedings and
court adjourned until Z o'clock, Wed
nesday evening.