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THE BUTTE INTER MOUNTAIN
VOL. XXII NO.. 97 WEATHER FORECAST. BUTTE, MONTANA, THURSDAY EVENING, JULY zo, 1go9. FAIR WEATHER. PRICE FIVE CENTS MARTIN MURDER TRIAL.OPENS County Attorney Makes Preliminary Statement; Charging Accused With Crime and Testi mony of Two Physicians Is Taken. James Martin, who with Charles Len nox Is charged with the murder of John R. Williams at Silver Bow Junction, on the night of May tg, will soon know his fate. This morning a jury was secured ip his case and up to noon two wit nesses had been examined in behalf of the state. The jury comprises James Graney, Will iam Burg, James Brogan, John. E. Wheelet, J. W. Lees, Mat Mooney; F.. Wilcox, t-. THOMAS A. MORRIN, Appointed by the Court to Defend James Martin. John Hanley, William H. Thomas, Samuel P'ipes, J. C. Freeman and James Gavin. Before the requisite number was found, however, the defense exhausted its full number of peremptory challenges, but the state did not exercise any of its rights In that respect, although it had five chances out of the s5. When court adjourned at noon the jury men were allowed to separate and go their respective ways, after being admon Ished by the judge to not converse about the case, either among themalves or with others. The Opening Statement. In the opening statement to the jury Mr. Breen, the county attorney, said he expected to prove that Martin and Len nox murdered Williams while trying to rob him of his money. "We will show you," said he, "that two or three days before the murder, Martin and Lennox were in Gavin's saloon, at the Junction, and that while there Martin went to sleep in a chair and fell trom the chair and hurt his nose. We will show you that while the two men were in the saloon Lennox and another man had trouble and that a gun figured in the difficulty; that shortly afterwards Martin and Lennox BELATED DISPLAY OF THE PYROTECHNICS BRILLIANT B ALL PLAYER. (Picture by Inter Mountain.) One of the Set Pieces at Last Evening's Fireworks Display. Thousands of people attended the fire works display in honor of the Fourth of, July at "Lovers' Roost" last night, and to say that nobody was disappointed by the exhibition is to put it mildly. The roaring, ripping, spluttering illumination was a grand success. There were several thousand people on the ground by dark, and the crowd con tinued to be added to for an hour after. -ards. Everybody was in a fine humor, came to Butte, remained here a few days and then went bacc to the Junc tion; that they were in Gavin's saloon and that Williams was there; that Will iants said something about going to Ana c6nda that night in search of work and that Martin at once called Lennox to one side and spoke to him in a low tone; that as soon as Williams left the saloon Martin and Lennox followed him and a few minutes latet shouts, followed by a shot, were heard. "We will show that Martin and Lennox were traced down the railroad track to wards Stuart, but that their footprints were lost in the snow; that the pair then went to" Divide, where they climbed into a stock car, bound south, but were afterwards allowed to ride in a boxcar by the con ductor of the train, who locked them in the car as soon as they were inside the door; that while in the car they pried a board from the lining and dropped their guns into the space between the lining and the outer part of the car; that they were arrested in Dillon and their guns found in the car after the train reached Pocatello. Martin Drew a Gun. "We will also prove, by Lennox, that he ordered Williams to throw up his hands, CHARLES LENNOX, Whose Testimony Is Being Used to Convict Martin of Murder. and that Williams struck him a blow on the side of the face and knocked him down and then jumped over him to get at Mar tin, and that the latter then drew his gun; that Williams then started to run, and Martin shot him. We will prove by the same witness that he and Martin then ran down the track, and that after they had gone a short distance Lennox asked Mar (Continued on Page Three.) and the applause at every bomb, roman candle, skyrocket and star shower was deafening. Five set pieces were set off during the evening, and all were hugely admired. There was a puzzle piece, a shield, a sol dier with a gun, two ball players and an emblem with "Good night" on it at the finish, Beside the people at the place of the explosions and projections, many erhers all over the city saw the display. INSTANTLY KILLED BY FALL FROM HIS AUTO E. L. Bonner Meets Death While on His Way From His Residence. VEHICLE HAD GO'TTEt BEYOND HIS CONTROL Was Not Familiar With Management of Machine, Which Ran Half a Blook at Terrific Speed Before He Could Regu late the Speed Gear-Heart Action Was Increased by Excitement and He Fell Dead in the Road. lI'F.CIAL TO INTER IMOUNTAIN.] Missoula, July ao.-While on his way down town this morning, from his resi dence on South Higgins avenue, E. L Bonner, one of Montana's most prominent citizens, fell from his automobile and was instantly killed. No one was within call at the time of the accident and there was but one witness tc it. It is supposed that Mr. Bonner was unduly excited by the machine, which had been unmanageable, and died of heart trouble, to which he was subject. He left home at II o'clock. He entered the vehicle alone and ran it slowly down the driveway to try it. Apparently, the auto was out of gear, for Mr. Bonner re turned to the house, alighted, and made some investigation of the machinery. His wife stood on the porch watching him, and when satisfied with the conditions of the vehicle Mr. Bonner again mounted the chauffeur's seat and drove the machine slowly down the driveway a second time, Mrs. Bonner waved her hand to her hus band, little dreaming that she was never to see him alive again. Machine Took Sudden Dart. Mr. Bonner turned up South Higgins avenue and proceeded on his way down town. While near South Sixth street the auto again became unmanageable. Mrs. Glenny, living near the corner of Gerald avenue and South Sixth street, was watch ing Mr. Bonner's approach. She says the auto suddenly took a dart forward and went half a block at a terrific rate of speed. In his fright Mr. Bonner rose to his feet and twisted the wheel by which the speed is regulated, rapidly. At first he seemed to be unable to stop the mad gait of the machine. When at last he had succeeded in bringing it to a standstill he sank back in his seat in evident exhaustion. Mrs. Glenny could see from her porch that he was ill and sent a servant to his assistance. Before the girl could reacn him Mr. Bon ner's head sank upon his chest and he fell over on the seat and out into the road upon his face. Dr. Parsons was summoned, but arrived only to find Mr. Bonner quite dead. His neck had not been broken by the fall, as was at first supposed, and he was neither bruised nor cut. A coterie of physicians, in an examination of the body at the Bon ier house, believe, this afternoon, that death was due to heart disease. It is thought that he was greatly frightened by the action of the machine and that his heart action reached a point where the brain was affected. Theory Is Heart Disease. This theory is strengthened by the fact that Mr. Bonner had been a sufferer fromi heart trouble for some time. All last week he was confined to his bed, so ill that the services of a trained nurse were found necessary. He was feeling muc.r better this morning, but still somewhat timorous in regard to the automobile, which he pur chased only recently. With Professor El rod of the Montana university he had been trying the machine several days this week. He was a novice at handling autos and probably turned the gear regulating the speed the wrong way. The auto stood be aide his body where he had fallen, and was not out of order. An autopsy may be held tomorrow. The attending physicians are, as ass been said, inclined to attribute death to heart disease, but this cannot be stated positively as the blow in the fall may cave killed him. E. L. Bonner was a native of New York state and came to Walla Walla, Wash., in 1864. In the winter of '64 and '65 he attended the session of the legislature at Lewiston, Idaho, and secured a charter from the legislature for a ferry to be built at a point on the Kootenai river. which was named from him "Bonner's Ferry," and which is used until this day. During the Kootenai excitement at Horse creek, Bonner's post at the Ferry was as well known as any point in the Rocky Mountains. He kept a number of pack trains and was largely interested in transportation. In 1866 he and Daniel J. Welsh, now of Butte, started a store at Bear Gulch, form erly in Deer Lodge, but now in I'owell county. Later he started a store .u Mis soula, out of which has grown the Mis soula Mercantile company. In partnershipi with Mr. Welsh he later opened a store in Deer Lodge, which still remains as the E. L. Bonner Mercantile company. Again in 1879, Bonner, Robertson and Connell established a store in Butte, which is now known as the M. J. Connell Mercan tile company. Was Prominent Railroad Contraotor. In 188, he established an immense tie camp along the line of construction of the Northern Pacific and took charge, under contract from the road, of the supplying of all the ties, bridge timbers and timber for the construction of the roadbed. This was an immense contract, runing up Into the millions. Mr. Bonner and his associates promoted the construction and built the railroad from Missoula to Grantsdale, above Ham ilton, and also promoted the construction (Continued on Page Three., COLBERi CASE TO GO TO THE JURY TO-DAY Court Dismisses Fluke-Scheuer People on the GroL j That They Have Been Unable to Prove That Their Will Was in Exi j nceat the Time of the Legator's Demise--Refuses Application i Continuance and Characterizes Motion as a "S , 3me." This is the day in the Colbert will con t,'t trial so far as the introduction of e itdenbe is concerned, and it marked the cllapse of one side of the struggle. Judge Clancy dismissed the Fluke .;c'hcuer side of the case and ejected it from the court, thus ending that part of tei contest over the dead Colbert's wealth, so far as the district court is Involved& The court, however, refused to strike out the testimony offered by that side, for tech nical reasons, although the lawyers for the Woolbeater-Lippincott proponents and the state moved that that be done, Mrs. Fluke and young Scheuer were last ! THE COLBERT JURY. (Picture by the Inter Mountain.) Twelve Men Who Will Decide the Famous Case Caught by the Inter Moun taln's Camera Todray in the Courtroom. A'ARMING STAGE OF THE IOWA FLOOD SITUATION Records Of High Water Is Broken and the City of Des Moines in Great Danger HUNODREDS OF MEN ARE WORIKING DESPERATELY Leaking Levees the Only Protection a Large Portion of the City Has Thousand of Dollars' Worth of Prop erty Destroyed in a Few Moments Four Feet of Water Rushing Through a District of Twenty Blocks. [nY AssorIjA'i , Im ssI . Drs Moines, Ia., July o .--'lhe flood sit untion reached its Illost alarming stage ini the history of the city early this Imorniling. The Des Moines river was al fri t above low water mark at 7 o'clock, hl;:ing risen three feet in less than so lhouts. It is still rising rapidly. 'J he Iav.on river, which empties into the D)es Moines at this place, advanced four feet between 3 and 7:3o this morn ing ;tnd is still going tip. 'the flood is at the highest point since Js51, when the river was six feet deep ousr what is now occupied by thousands of residences, business houses and fac tories. At that time the river was lint one foot higher than at present and it is evident that the old record will soon be broken. Only levees protect all this district and in the worst places they have either broken or are givinlg away. Waterworks Must Close, Ilundreds of nien are working des perately along the levees to save their homes and property, but the water is slowly driving them from their positions. Residents of South D)es Moines kept an anxious watch all night and at 4 o'clock, owing to to the breaking of a large section of the levee, were forced to flee. Many thrilling rescues are reported. Thousands of dollars worth of property was destroyed in 30 minutes in South Des Moines and it is now practically cut off front the rest of the city. Four feet of water is rushing through a district of o2 blocks occupied by residences. In North Des Moines a wide breach In the levee occurred at 4 o'clock and 40o residents were forced to abandon their homes and much of their property. The situation is intensified by the ne cessity of closing down the waterworks if the river advances another foot and the city will be absolutely without water for domestic consumption, factory use or fire protection. 1.undreds of men are rconstructing'a temporary levee about the waterworks but the water rises almost as fast as they work. to submit evidence In the case, but owing to the peculiar character of the witnesses and the extraordinary circumstances which they had to rely on, they were never able to introduce any evidence to prove the con tents of the lost will, which they sought to establish as the true will of the deceased Colbert. Court Disallows Evidence. Judge Clancy would never allow them to put in evidence of the contents of their will, for the reason that tihe law said that its existence on the day of Colbert's death must be proved first, and they were unable to show the court by the evidence they offered on that point that such was the fact. The inability to show that to the court ruined their case. When the case adjourned at noon today Mrs. Fluke and young Scheuer were out of the running, and the court at that hour set 3 o'clock as the time when it should begin charging the jury. The instructions for the state and for the Woolbeater-l .ippin cott proponents were handed tip at noon, and from a o'clock to 3 the lawyers for both sides argued them. When the case opened this morning, Mr. Cotter, for the Fluke. Scheuer side, announced that he was not able to produce 1Frank Ilofreuter, one of the witiesses to the Woolbeater-l.ippincott will, because the latter was in West Virginia. Witness Took French Leave. flofrcuter was supposed to be in attenl ance on the court, havinlg never been ex cused, but he had taken French leave and gnne out of the jurisdiction of the court. Mr. ('otter wanted and was given time to make ain allidavit to support a iimotioni for a cwntinuance of the trial of the case till he could securle Ilofreuter's presence. That took -o mllillnutes, (ltiriong which there was a Fred W. Sclhener and Fred Schashnrger each Illde ani afiilavil as to what Ifofreuter woull testify to if lie were present. Sciheuer's affidavit said that liffreuter woult testify that Woolbeater dlestroyed the Fluke Sclheer will by burning it in the presence of Ilofrecier and Edward Weg tnr, wlh are thli two silbscril,iig witnlesses to the \Wilbeater Lipptincott will. Schasburger's aflidavit said thalt Ilof retiter told Schiaslhrger that he and Wolt beater and Wegner destroyed the will by bLi ing it, and that I Iofrenter told him thlit lii had to destroy it. 'The affidavits said the applicants for the continuanuce coulld not pIrove thl' matters related in any other way, andul tihat it contiinuince was impeirative to thlei. Attorneys Opposed to Motion. Attorney 'Kelley, for the state, and At torney kIote, for the iproponents, opposed the moliotn for a ctotntinuance upont several groundsl, sanl the iimotion ald the aflidavits were argued at lenlgth. Mr. Kelley olposced It on the ground that a continuance after a trial was blegun was uiikiiowni to law; on the ground that it was not shown that due diligenlce to get TRACY SENDS TO TOWN FOR TWO REVOLVERS [' 'l IIIl v a:V.I.)OSgv All] Seattle, July io.--At 8 o'clock last night Convict I larry Tracy was reported as having called at the house of a man named ililloman, on the cast side of Green Lake, in the city limits of Seattle, about eight miles from the heart of the city. lie at tempted to use the telephone there but failed and at once left. The hounds were put on his trail and followed the scent, but lost it at the water's edge and were unable to again pick it up. This morning a report reached the sheriff's office that Tracy had been seen just north of Ballard, io miles north of here, but at I o'clock this had not been verified. Two other reports give his location as Kent and Auburn, two towns south of Seattle. The sheriff does not believe that the man at Green Lake was Tracy and has sent men out to investigate the Auburn and Kent rumors. As a matter of fact nothing definite has been received since .ater into court had been used; on ound that no showing had been maide Hofrcuter would testify as prolposed if Drought into court; on the ground that no showing was made that he would ever be bro\sght in If a continuance wal granted; on the ground that it w:as not shown that it was not fur the purpose of delay. Mr. Kelley also stattc that the rule of thu court limiting the tnumber of wit* nesses to 14 would prevent Ilfreutcr trust being useful to the applicants for the con. tlhuance. They were entitled to only one more witness, and he ulderstuod that they purposed to put tIofreuter on the stand first and then if he denied making the statements alleged they would ilmpacll him with Schasburger's evidence. That could not be done, because they could us only one more witness. Also Hofreuter could not he likely to testify that he had commnitted a crime. Mr. Kelley did not believe that the Imo tionwas made in good faith. Mr. Cotter defended the motiton with an argument in which he met all of thi( .l jections in detail. lie said that the alli. davits had stated what would be proved and that they had showin that they wou!( make an effort to get lofrcuter. "They say we didn't use due diligernce in having the witness in court, saidt Mr. Cot ter warmly. "We will say that the wit ness was In court and was in here for all purposes. We did not consent to his dis charge." Here Governor Smith broke ill and said: "We deny that." "You can't deny that the court dil not discharge him," Mr. Cotter respiuled more warmly. "No," admltted tile governor. "No," said Mr. Cotter; "lut that's th only thing you won't denty, a:nl I want to say to you that you let tile other witlliess to your will, Wegner, get out of the jutr isiiction of this court before you came to trial." "Schemes, Sir, Schemes." \.'When Mr, Cotter had finlshed IIth court aidl to himt and his associate coultmsel, At torney Seville: "Well, gentlemuen, I think your alpplica tion is entirely without merit. There is to merit in it. Last evening you said you wanted this wltlless or some other. You had t3 witnesses. You were entitled to 34. You said this witness might testify to what you wanted and he might not. There is no merit in this. These are schelmes, ir, sclhemles. Call in the jury." 'Then Mr. Cotter asked for a formal order and the court prompltly overruled hle inmotion for a continuance. Mr. ('otter asked for anlld was given 30 lays in which to prepare and tile a mlo tion for a new hearing oni Isis motion andl an appeal from the decision of the court. Then came the end of his clients' case. le nald that he had no more evidence to (Continued on Page Three.) Tracy put the hounds off the scent on Tuesday night by sprinkling cayenne pep. per on the trail. Tom Croke of Kent, a thoroughly re liable man, telephoned to Sheriff Cudihee at i, o'clock this morning that Tracy, yesterday noon, visited the home of a farmer named Johnson, living one mile and a half from Kent. He gave Johnson money and told him to hitch up his horses and drive to Tacoma and there to pur chase him two revolvers and some cart ridges. He told Johnson that if he did not return without giving the alarm he would kill his entire family. Johnson went to Tacoma and secured the revolvers and cartridges and returned to the house last night. Tracy then left. He was riding a horse answering the description of the one stolen from near Renton on Tuesday night when he reached the Johnson farm, but left on foot. A special train carrying a large posse will leave soon for Auburn.