Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-11-24
COZ. HAWKINS ACQUITTED.
The Appeal to the District Court From
Judge Dingevon's Court Decided In
His Favor.

His Favor.
Yesterday afternoon the time OF the Dis,
trict Court vas consumed in hearing the
appeal OF Colonel Hawkins from the de.
cision against him rendered in Judge Din
~gevon's court last September.
The case was for disturbance OF the peace
by the defendant on Main street on the
10th Of September in front of the Cans &
Klein block. About 10 o'clock on the
morning in question Messrs. Hawkins,
Shipper and Bickell were standing on the
sidewalk in front OF the stairway to the
block conversing on business matters when
Mr., John Mcguire PASSED by and seeing
Colonel Hawkins asked him if he was max
ing any money now. The latter replied
that it was none of his business, The
former called him a series of uncompli-
mentary epithets, the provocation being
an unsatistied account he believed to be
due him by Hawkins.
AS many peoplein the city are aware, the
latter gentleman has a loud and sonorous
way OF talking even in ordinary conversa-
lion, and when he retorted that Mr..
Mcguire had better pay his outstanding
accounts all the way from San Francisco
here d lew people were attracted in the
hope OF Set ing some fun, and this was
where the disturbance of the peace was sup
posed to come il.
The colloquy between Hawkins aud
Mcguire lasted barely a minute, and w. j.
Penrose coming up after it was over in
quired OF Bickel what it was about. Being
informed that Nr. Mcguire and Colonel
Hawkins had a little tilt that ''didn't
amount to a hill Of beans" he took up the
cudgels for Mr.. Mcguire and made a few
indiscreet remarks, which were received
with a request that he would move on and
attend to his own business.
The whole affair was unworthy OF O
moments notice, but Mr.. Mcguire, who felt
sore over the loss Of his rent at Helena and
other places in the Territory, was induced
to go before a justice and swear out a com
plant charging disturbance OF the peace
which was tried before Judge Dingevon. 1t
resulted in the defendant being fined, but
this verdict was appealed from and the
whole case gone over yesterday in the Dis.
trict Court.
Whatever may be. the respective merits
of the parties as private citizens, the jury
had only to deal with the evidence referring
to the charge OF disturbance OF the peace
on the part OF Colonel Hawkins on the &C.
CdSlOH III duS5LlOus OOuuCJ aUUOTLoy Oc-
Witt and Mr.. Haldorn OF Mcbride & Hal
dorm prosecuted and Judge Knowles de-
Tended.
There were several interesting interludes
between the counsel aud witnesses in which
the latter generally got the laugh on their
inquisitor5, aud d good deal OF testimony
introduced relative to the renting of the
Helena opera house by Colonel Hawkins
for q mass-meeting in aid OF a Sunday
closing movement.
County Attorney De Witt made a brief
address, confining himself to the exposition
OF what constituted loud and ,tumultuous
conduct" and was followed by Judge
Knowles, who entered into q lengthy re-
view OF the evidence, in the course OF which
he paid bis respects to Boston Charley
and Mr.. PenroSe, who were of the prosecu-
tion's witnesses, and showed that, on
the whole, Colonel Hawkins had
merely retorted to Mr.. Mcguire after
the latter had opened ire on
him. Mr.. Haldorn closed for the defense
bringing to bear all his powers of sarcasm
to ridicule the defence's position that
Colonel Hawkins had not raised his voice
above an ordinary conversational tone III
replying to the epithets with which he had
been assailed. The Court charged the jury
briefly, leaning to the side of the defence,
and the jury, after being out about fifteen
minutes. returned with a verdict OF not
guilty, when Colonel Hawkins was dis