Dodge City times., 1878-05-18
SOLDIER KILLED AT FIT. LYON
10 the Editors OF the TIMEs:

! 10 the Editors OF the TIMEs:
! There was sorEe excitement at this point YES
terdsy afternoon the sih. inst, caused by the
shooting and llirs of Dennis O'Leary, Com
pauy e. - T. :. Infantry under the following
circumstance. % Leary repuied 10 be ordina-
rily a good soldier wb.R s05er,-aad become
very mach Intoxicated snd was behaving in a
turbulent manner 1t the Post Traders store.
Ths Post Commander (Capt. Hotsenpiilsr,l be-
ing present ordered him to 90 to his quarters
He refused to 20, using defiant language. and
ref.Eing TO recognize authority saying am
tree born raan and viii not take or'iers from
yoa or any s-of bin TINS Post" The com
manding officer then said he would have him
sent to the guard house, 0'Leary said; You
and all the d--i guard al this Post cannot
take me to the guard house, at the came time
seizlns hold Of the commanding olIcer and
throwing him 10 the iOOr. From him he turned IN
Cant. Walker and Mr.. Brown the post-trader,
aad served them in like manners. O'Leary was
dnaly put cut of the store and he started for the
town. The commanding officer sent for the
guard to have Kim arrested and taken 10 the
guard house Sergeant OF the guard house tser-
geant of Co, E-l with file Of the guard pursued
and overlook him 4 short distance IRON the Sut-
Ter store. They approached him and the Ser
geant told him that he was ordered 20 arrest
him. O.Leary turned on the Sergeant, and rs
sisted arrest, holding brick in his hand, ard
thrs afeuing 10 BRAN the Sergeant he came near
him. The Sergeant knowing thsi be was d~s-
perate character while he was under the iniiu-
ence OF liquor, aud knowing also that his life
was in danger advanced very cautiously TO with
in 4 few feet ofhim With his gun al L ready. o.
Leary still refused 10 be arrested and raising the
brick threatened 70 brain Size Sergeant. When.
the Sergeant fred the ball striking the man in.
the head and passing through the brain killing
him almost Instantly.
The commanding officer notified coroner Car
penter Of the case, VINO iInmediaiely imp.neled
q jury and held an inquest over the body. The
jury failed 10 either eriminaie or exonerste the
Sergeanis action so the verdict was merely nom
inal. The coroner deemed il bezt under tie cir
camsiauces to order tie arrest Of the Sergeant,
s. warrant for this purpose was accordingly Ia
suel and plsced IN the hands Of the sheriff.
His preliminary examination was by the re-
gu,st OF the commanding officer postponed tol
the 10Th. inst. when Il VIII take place al Old
Town before Justice Bradford. Ia the mean
lime the sheriff has allowed the prisoner 70 re-
main IN the custody Of the military authorities
The action OF tb- Sergeant w4s Al first, or dur
enlisted men. but now they think differently
The action Of Sergeant hss been maintained by
The officers as be killed the man in self-eiense
and in the line Of his duty
The Sergeant was kept az the post guard house
mot prison rooml until be gets = hearing.
O'Leary was buricd to-day with the usual NIL
itary E0nOrs,
The Judge advocate general ofisis department
will be here 70 defend The Sergeant, at his hear
ing on the Ioih. OBSERVER
Fort Lyon, Col MAY . is7s