The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-29
HELD FOR TRIAL.
Preliminary Hearing Of tho Special
Officer Who Recently Shot
John Miller.
Move by the Railroad In
the Contest Over West
Side Real Estate.
Attempt OF q Miner to TAKE His
Life-A Wood Hauler Who Alleges
He was Robbed.

Justice Fleischsr yesterday held Michael
)oeney, the special policeman who shot
ohm Miller in tho face a week or 10 ago,
d $1,000 bonds for the action Of the grand
ury, County Attorney Nolan Appeared
or the state and r.. u. Walsh for the de-
snss. But few witnesses were examined,
hs two most Important being the man who
yas shot and the defendant. Miller's testi-
. was to the effect that he had lived in
Montana about five years, and during most
Il the time had been engaged In tsanaing.
10 knew Dooney quite we'll, having dons
! auling for him last summer and had been
Il his house several times. On the night Vt
he shooting he went to the shloon on the
southwest corner Of Rodney and Fifth ave-
hue, about II o'clock. Dooney was there
Ind, in ompan with some others. they
rank and talked until near two o'clock.
According to Miller, Dooney was not
Lway from the saloon at n time
rom eleven to two for more than
i've minutes. Finally Miller remarked that
he was going home, and asked Dooney to
AXE . walk with him. The two walked eide
b. side, and nothing was said By either.
Whom about ten feet from the saloon Miller
|eceivod the shot, and said he knew moth
no more until he awoke in the hospital the
hcxt day.
Doonsy's testimony coincided with Miller
Is to the drinking in the saloon and going
put together. But 1t differed AZ to what
happened after that. He said that Miller
IA walking a little in front of him, when
be suddenly turned to the officer and com
handed him to throw up his hands. In
Eeply Dooney drew his revolver. intending
10 cover his man. The revolver, hs said.
vas one he wal not used to, and II went Of
accidentally. After the shooting he said he
attempted to take Miller to JAIL, u me
wounded man resisted him and broke
way. Then Dooney reported to the po-
ice officials.
David Allen, who ran out of the saloon
Nhsn he heard the shot, testified that ne
ound Miller lying on the street,
lis face and Doon.y standing
Plose BY looking at him. Mr.. Aliens APP
proaoh Miller muttered. Mike. Won did not
mean IT." Two other mon ran for
doctor and Miller soon got TO his feet,
walked in q dazsd way to the opposite cor
ner, then back to the street, where he fell.
Getting MP, he staggered to the front OF
Mayor Kleinaohmidt's home. remained
bhsre a little while, n then started west
IN Fifth avenue. According to Aliens
testimony both Miller and Dooney drank a
vood deal while in the saloon.
DR.. Rockman, who has been attending
Miller, testified to the nature Of the wound
and gave it as his opinion that no serious
results would follow except that this eye.
which has . great deal Of powder in it,
might be affected.
Mr.. Walsh made a strong plea in behalf
If his client, but Mr. Nolan made no state
mont whatever. In holding Dooney for the
grand jury and fixing the bail at $1,000,
Justice Fleisher said he did not pass upon
the intent of the prisoner, and If his
counsel thought the bail excessive applioa-
zion could be made to the district court to
hnve it reduced. VIZ
Doonsy's wife and five Children, the
youngest about four years. were in the
room during the hearing and were much
affected when the Justice made his decision.