Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-02-03
husband and talked to him in a low

husband and talked to him in a low
| voice.
The court room was crowded Mon
day morning when Flynn took the
stand in his own behalf. Among the
crowd were the usual large number
of ladies'. Attorney Frank e. Smith
conducted the examination in chief.
Flynn told a fairly straight story but
~contradicted the eye witnesses who
testified for the state in most OF the
important details. He stated his age
at As years. He testified that he was
feeling pretty tough" on the date of
the shooting and had been feeling
that way for several days before the
date of the tragedy. Upon being Ques-
toned, he admitted that he had
drank considerably" during the day.
On the forenoon of the 7th he drank
whisky and beer in the afternoon.
He said that Skinner became unnee-
essarily abusive when talking to him
Flynn about the fight with the ne.
gro and after some especially vile
epithet he struck Skinner in the
face. In a moment they clinched and
fell to the floor. When my head hit
the floor everything got red to me-"
said the witness. His head was still
whirling, he said, when he went back
to his shop to wipe the blood from
his face. Skinner continued heapine
imprecations and foul names upon him
after he had gone into the barber
shop He tFlynn) told Skinner to &c
away and leave him alone, but this
Skinner refused to do. but instead
kept applying to Flynn the foulest OF
names. Finally, becoming very much
exasperated. Flynn told Skinner II he
didn't get away and leave him alone
he (Flynn) would shoot him. With
the words shoot. you --'
Skinner jumped into the folding doors
of the bar room with his left hand
raised in the air and his right hand
in his hip pocket. His look was ex
Itremely hostile. and. under the fear Of
injury, Flynn grabbed his gun and
fired. During the scuffle he had be
come quite sick and after ne hat
handed the gun ia George Gordon. as
related above. he went into the bach
of Bernard McDonnell's saloon to re
arrange his clothing. While there h,
got sick and got down on a dry goods
box. but was not trying to secret
himself. Everything was still look
ing red" to him when he was fount
by Sheriff l.. p. Slater and he had t.
be assisted up the hill to the Jail
Arriving there he collapsed complete
ly. In cross-examination Flynn re
called about everything of much i'm
portance which occurred on the ev
ening of the shooting despite his sor,
head and the fact that things wer,
looking red" to him. Everything con
sidered he bore up fairly well undei
the cross-examination, which wal
conducted by Attorney Huntoon.
Flynn left the stand at $3.50 o'clocl
In the afternoon and the state put OF
five witnesses inrebuttal. Harvey Wi
liams. Johnnie Num- and Cal Millart
testified to be shaved by the defend
ant in the afternoon of the shooting
and that he was not more nervous
than usual. George Gordon and vii
liam Kimball we're recalled to tn,
/, stand and testified to a conversation
, which they had with Flynn on Sunda.
/, following the shooting. in which h
asked them not to give him the wors
of II.
/, This concluded the testimony in tn,
, case and a recess OF thirty minute,
was taken to permit the court to pre-
pare the instructions.
The courts instructions wer,
lengthy and followed the line of al
r instructions in such cases. On