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CARVIN BECAME INDIGNANT
WHEN ASKED ABOUT NAME DFFENDANT LEE SURPRISED THE PROSECUTION BY NOT TESTIFYING IN CASE. DEFENSE RESTS AFTER ATTORNEY CODDARD TESTIFED Witnesses in Rebuttal and Sub-Rebuttal Will Be Heard On Monday and Case Will Go to Jury Tuesday Evening or Wednesday. Helena, Dec. 20.-[Special to The Gazette.] Samuel Garvin was on the stand this afternoon in defense and it is considered he made a good witness. He answered questions with a readi ness that appeared to have made a favorable impression with the jury. His direct examination was about con cluded when court adjourned for the day. Stock Inspector Collins' direct ex amination was resumed this morning., He told of going to the Garvin basin at the request of the agent to look af ter Indian cattle. While there he was at Ewing's and the latter told him Lee had a bill of sale for cattle from Anderson and Smith. According to Collins Ewing said: "I know the bill of sale is all right, for I saw it signed." Considered Lee's and Garvin's reputa tion good. Witness insisted upon cross-examination that he had heard Ewing say he saw the bill of sale signed. Witness gave considerable testimony as to brands of different kinds showing plainer than others. Two of the jurors asked him questions. Witness said that mashed "O" brand could not have been put upon cattle in an open chute. Fred Parker, a cattle buyer, describ ed the basin and told of different brands he had seen there. Mrs. Lee, wife of one of the de fendants told of Anderson and Smith coming to the ranch June 16, last year, while they were there over night her husband asked her to prepare the bill of sale, which she did. A large amount of her husband's money was kept in a sack in her trunk. She took this out at Lee's request and he paid the two men for the cattle.. Later the bill of sale was signed and witnessed by Ewing. On cross-examination she did not appear to be able to furnish a very lucid description of the appear ance of Anderson or Smith. Pressed for a description of the appearance of Anderson, she said he looked a little like the Crow agent. "It wasn't the agent, was it?" asked Lonabaugh. "No, I know him." She said her hus band kept his money in a flour sack She did not know how much he had. She never inquired into his business. Defendant Garvin was on the stand the balance of the day. He said he had been in Montana 23 years, near ly all of the time in the cattle busi ness. Had owned as many as 200 head of cattle, moved into Garvin basin in 1893, and hired Lee as fore man four years ago. Witness fenced up box canyon leading to basin and stretched a chain across to keep In dians and others out. Ewing had one key to the lock on the chains.. Had known Lee to have considerable money from time to time. He had borrowed from him as much as $2,000 at one time. Told of location of his corral and of having been engaged with Lee in dehorning cattle when it was 'claimed there had been illegal branding going on. Told of Lee's purchase of the mashed "0" brand from Anderson and Smith and the bill of sale witnessed by Ewing. Garvin's cross-examination will probably take until noon tomorrow. The testimony will not be concluded tomorrow as the defense has a number of character witnesses to be called. Helena, Dec. 21.--[Special to The Gazette. I The defense closed its case today without "Bob" Lee, one of the accused, going on the stand. His fail ure to testify was one of the sur prises of the case. There were only two witnesses to day, Garvin on cross-examination and Attorney Goddard who testified breifly as to what Ewing told him about the Anderson and Smith bill of sale. Gar vin reiterated what he had said in direct examination about witnessing the purchas of the cattle by Lee from Anderson and Smith. He saw the money paid over for the mashed "O" brand. Garvin denied ever telling Moss there were 700 of his (Garvin's) cat tle in the basin. Garvin was closely questioned relative to his financial dealings with Lee. The defense ob jected to consideration of this testi mony especially to dealings with Banker Moss. Garvin be.ame indignant when Lawyer Hathhern asked him if his name in Texas was not Matt Coates. "Its a lie whbever said I went by that name,' iildignantly cried the witness. Witness admitted that he knew Bill Coates but denied ever having had a conversation with him in Billings. He admitted he went by the name of Matt Foster in Dodge City, Kansas. The defense tried to have all this evidence ruled out as calculated to prejudice the defendants but the court allowed it to stand, remarking that the jury would have to take into con sideration the custom of the country relative to changing names. During the morning session Garvin said he saw Smith and Anderson only once, at Hanan's coulee, eight miles from his ranch. They were going in the direction of Wyoming. Later in the day he said he wanted to correct this testimony as he had seen the two men another time, which was at Ewing's ranch. Garvin claimed he had never seen but one animal in the basin that had been "worked over" as he expressed it. He saw five steers sheared but only one showed evidence of having been rebranded. One brand he admitted had been tampered with. Witness was asked many questions about his financial dealings with Moss, his attorneys bringing out that he secured money to carry on his business from the banker and had to consult Moss before repaying Lee money he claimed to have borrowed. Goddard testified that Ewing told him in Billings, after testifying before the grand jury that he had seen Anderson and Smith sign the bill of sale. On his direct examination Ewing had testified that he never saw An derson and Smith, having signed the bill of sale as a witness to accommo date Lee. Johnston announced the defense rested as Goddard left the stand. Counsel for the government was surprised that Lee did not take the stand. It is expected that the attor neys for the defense will explain to the jury why the defendant did not testify. Monday the government will call several witnesses in rebuttal and the defense will have some sub-rebuttal evidence. The case may be given to the jury Tuesday afternoon or Wed nesday morning. CONSOLIDATIONS NOT TRUSTS Charles M. Schwab Describes the Dif ference at Bankers Meeting. Chicago, Dec. 21.-in a speech to night before the Bankers club, Chas. M. Schwab, president of the United States Steel corporation, declared that "the trust is a dead business proposition, built on a trinity that would wreck anything-the restric tion of trade, the increase of prices, the throttling of competition." In distinction from the "trust" he declared that consolidation had for its leading principles the reverse of this trinity. That instead of restrict ing, it expanded trade by creating new avenues and reducing the prices of commodities. For illustration he described the workings of the United States Steel corporation that it was with this company that he was most familiar. LEGAL BUSINESS. Russel B. Harrison Had No Other Ob ject in Visiting Washington. Washington. Dec. 20.-Co;onel Rus sel B. Harrison, son of the late Pres ident Benjamin Harrison, was admit ted to prlactice in the court of claims at its last session. Colonel Harrison in reply to an in quiry con-erlning the reason for his piesence in Washington said: "I have been here entirely on legal business. The report that I am oppos ing the granting a pension to Mrs. Benjamin Harrison is absolutely with out foundation. I have hesitated to make reference to this matter, even to deny the truth of the idle rumor earlier, simply from a disinclination to make reference to family matters." MAKE IT SUCCESSFUL. All Interested Should Be On Hand and Participate. The attention of farmers, stock men and all others interested in agri cultural and kindred pursuits is called to the programme of the Farmers' Institute which appears elsewhere in this issue of The Gazette. The ob ject of such institutes it too well konwn to all to need any explanation and the good results that invariably follow their holding are conceeded. It only depends upon those most in terested as to the degree of success which will mark the fiirst institute to be held in Yellowstone county. This county is peculiarly fortunate in having among its farmers many who are of the progressive, modern school, who believe that something more than mere manual labor and dependence upon ancient and time worn customs and manners is requir ed to make farming 9tl~l sful and profitable. If they will but attend and accept the invitation of. the adminis trative board and ask as well as answer questions, volunteer informa tion and give the institute the bene fit of their experience they will help the cause of the institute and do a lasting service to their brethren who may not be quite so much up to date in their methods and who still cling to the old ways for no other reason than that their fathers were satisfied with the results achieved and believe that what suited them is good enough for themselves. BATTLE WITH DEWET. After Fighting Four Hours the Boers Retire. Harrismith, Orange River Colony, Dec. 21.-The first fight in which Gen eral DeWet has figured for some time, it is reported, occurred at Landburg on December 18. It is considered rather a fiasco in the light of recent reports regarding the noted general's rejuvenated command. DeWet with 800 men and two guns clashed with Generals Dartnell and Campbell, after a four hours' fight the Boers drew off with a loss of four killed and 20 wounded. The British loss was one killed and 14 wounded. GERMAN RAILWAY ACCIDENT. Collision of Freight and Passenger in Which Several Are Killed. Paderburg, Prussia, Dec. 20.-There has been a railroad collision in the fog near Neunbeken between the Ber lin express and a freight train in which the former was derailed. Twen ty persons. were injured. The bodies of six dead have been recovered. Other dead bodies are still buried in the wreckage. STEEL WORKERS SCALDED HOT WATER AND STEAM PLAY HAVOC WITH WORKMEN. Two Men Are so Badly Parboiled That Death Will Be a Relief. Pittsburg, Dec. 21.-For the third time within 72 hours, Pittsburg steel workers have been killed or maimed by terrific explosions. Following on the heels of the awful disasters at the Soho furnace of Jones & Laughlin on Thursday, and at the Black Dia mond steel works yesterday, the city was shocked this morning by the re port of another explosion at Singer Namick's west end plant of the Cruci ble Steel company, in which seven were scalded, one badly cut, and 20 or 30 others slightly burned. At 6:55 o'clock two of the battery of five boilers used to operate the sheet mill exploded with terrific force. Scalding water played havoc among the 60 workmen who had started in for the clay, while pieces of the boil ers caused great destruction to the mill prop;ery. Of th:e seven men sca.ldd, t:1o it i3 s~atcd, will die. SLUF:-ERING FROM COLD. Immig.ra't in Gklahoac Frccre and Starve. Guthrie, O. T., Dec. 20.-Every road leading into the new country is still lined with prospective settlers. Gen erally they are men in poor circum stances financially who are moving with their families into this region to better their condition. This is the class of people who have suffered un told agonies as the result of the re cent cold wave. Without food and generally without money in a country sparcely settled they have starved and frozen, in many cases death re sulting among the children. Men who have seen these people report the sights the, most pitiable ever witness ed. The cold weather has also brought to light several cases of smallpox in every town and city in the two terri tories. BROKE CROUND FOR THE FAIR FIRST CEREMONY IN LOUISIANA PURCHASE EXPOSITION. HISTORIC SHOVELS USED Speaking By Men 'f National Reputa tion and Banquet in Evening Completed Programme. $t. Louis, i)ec. 20..-The governors of four Louisina purchase states Minnesota, Nebraska, Arkansas and Missouri-several members of con gress, and the Worlds' Fair national commissioners and other invited guests, among them General John C. Bates, commanding the department of the Missouri, and Col. John D. G. Oglesby, representing Governor Yates of Illinois, were present and participat ed in the cermonies attending the breaking of ground today on the site of the world's fair in Forest park. The exercises at the site, where the ther mometer registered around zero, con sisted of an invocation by Rev. Dr. S. J. Niccollis, addresses by the chair man of the committee on ceremonies, Corwin H. Spencer, and Governor David B.. Francis and the breaking of ground on the site of the educational building by the officials of the exposi tion company, municipal authorities and invited guests. Three historic shovels were in the sod-breaking, the first of iron and oak and was loaned by the Massachusetts State's aisenal, Boston, where it had been placed in 1805, as a relic of early American workmanship. An exact reproduction of the first shovel, a manufacture of the Louisina Purchase, made of ebony and steel, silver plated, was next put into use. A veritable relic, an old wooden shovel, thought to have been one of the tools employed by the white ri.ners trom P;ance, and the 500 African slaves from San Domingo brought over by Francis Renault in 1718 to work in the St. Genevieve (Mo.) mines, was the third used. It was originally found in St. Francois county, this state, by F. J. Monell, while sinking a shaft in the famous Flat river lead district, and is now the property of the Peacedalle museum, Rhode Island, to which it was present ed by a Mr. Hazard. Speaking by Governor Francis, Con gressman James A. Tawney of Minne sota and Governor Jefferson Davis of Arkansas, and music by Seymour's famous sixtet was the programme at the Coliseum, where several thousand persons were present. A banquet at the Southern hotel in the evening com pleted the day's programme. GIVES UP .THE FIGHT. County Judge Promises to Obey Or der of Federal Court. Kansas City, Dec.' 20.-Judge S. C. Peden, one of three St. Claire county judges who have been fugitives and imprisoned because they have refus ed to make an order in relation to certain railroad bonds in violation of the orders of the federal court appear ed before Judge Phillips in the federal court here today and agreed to obey the order of the court if such action would secure his liberty. Judge Peden was instructed to give a bond of $1,500 to insure the execution of his promise. le will be released when he secures he bond. He is still in jail here and his attor ney is trying to obtain the necessary bondsmen. For Sale. Registered Jersey bull; 1:= months old. Apply Gazette office. 64-tf TIME TABLE, Billings, Mont. LINCOLN, KANSAS CITY, OMAHA, ST. LOUIS, CHICAGO, SAN FRANCISCO ST. JOSEPH, DENVER, SALT LAKE, and all points east. south and weet. TRAINS ARRIVE AND DEPART AS FOLLOW No 42. Passenger daily, Chicago, t. Louis, Kansas City. St. Jo seph, Atchison, Omaha, Lin coln, Denver, California, Col orado and Texas points. Leave ............. ..... 11:50 p.m No. 41, Passenger, daily from above points. Arrive............. n am No. 4. Freight, daily, Sheridan and intermediate points. Leave.. 10:00 a.m. No. 45. Freight, daily, from Sheridan and intermediate points. Arrive ......................... 600a.m Sleeping, dining and reclining chair cars (seats free) on through trains. Tickets sold and baggage checked to any point in the United States or Can ada. .For information, maps, tables, and tickets call on or address J. L. Har rington, agent, H. B. Segur, general agent, Billings, Mont, or J. Francis, general passenger agent, Omaha, Neb. A Cheerful Call to Christmas o j Buyers e o Beautiful goods! Never So Oood I Never So Cheap! Our Fine Display of Holiday floods is Opened and Ready The Newest Novelties, the Best Selections, the most Appropriate Presents for one and all at Fairest Prices Don't fail to come and see our Christmas Attractions in Diamonds, Watches, Clocks, Silverware, Jewelry, Fine Hand=Painted China and Cut Glass. We claim for our Holiday Display general excellence in quality, great variety and very reasonable prices, making it beyond question or doubt the RIGHT PLACE to get the RIGHT GOODS at the RIGHT PRICES Whatever your wants may be, we can meet them with beautiful and appropriate selections. We solicit a compari son of goods and prices, knowing that our Holiday Stock will make friends, outshine rivals, please everybody and sell itself on its merits. FORESTER, THE JEWELER First National Bank OF BILLINGS, MONTANA. PAID-UP CAPITAL - - $150,000 SURPLUS - - - 10,000 P. B. Moss, President. M. A. ARNOLD, Cashier. S. G. REYNOLDS, Assistant Cashier. DIRECTORS G. W. WOODSON, P. B. Moss, Jos. ZIMMERMAN, M. A. ARNOLD, S. G. REYNOLDS. Transact a General Banking Business---Collections Promptly Made and Remitted For :T_ To VESTIBULED TRAINS--DINING CARS,. M,.,,,ST . PAUL MINNEAPOLIS TIME CARD--BILLINGS. DULUTH EAST * D. I ANIVE Do.ART AND POINT No. 12, st Pa 8:45m. 8:55 a. a.. EAST & SOUTH No. 4, \tlante Mail ...... 115 p. m. 11.2U p. m. SNo. 0, Helena Locaij. 11 I l:30p.m. BUTTE No. 1" o U1* rt anY I 10:27 a.m. 10:87 a.m. HELENA No. E, Pacific Express.... 2:15 a.m. 2:15 a. m. SPOKANE No. 5, Helena Local...... 1:55 a. in. SEATTLE DAIL XO NDA TACOMA Red Lodge Local ........ 5:10p.m. 7.15 a m. PORTLAND BridgerLocal........... 40. p.m, 9,d0 a. m. CALIFOr 'IA , AN Thro,-whTicket, to all oints in the Unite: CHINA States, Canada. Alaska. China and Japan. Mayp CHINA and Foders on application. Ereasa Money ALASKA Order- for sale at all oices of the N. P.rExre .KLONDIK° Co. ankable everywhere. SN. Kenndy, g~t j SCha, S. Fee, G. P. A Pullman First-Class PTouristSleepn Carc BILLINSB, MONT. ST. PAUX, MINN. The Facts About It. The St. Louis Special has -a sleeping car -a dining car -a tourist car. -a chair car -a smoking car -a day coach It runs through to St. Louis without a sin. gle change of cars. It is the train to take, not only to St. Louis, but also to Omaha, Denver, St. Joseph, Kansas City-EVERYWHERE south and southeast. Letters of inquiry addressed to the under signed will receive prompt attention. H. B. SEGUR, GENERAL AGENT, BILLINGS, MONTANA.