The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-20
Verdict Of the Coroner's Jury on
the Death OF Daniel
0'Lsary.
Arguing q Demurrer In the Case
Against a Building Oon-
tractor.
The Examination OF John GlcAson, Who
II Charged With Starting the East
Helena Fires.

Iue cuIoHef q jury WHICH luV6bbikUtcu Ino
cause Of Daniel O'Leary' q death, met Mt the
court house yesterday and after hearing all
the testimony bearing or the subject, found
a verdict that Daniel O'Leary came to his
death by a pistol shot on Dec. IS, the shot
being fred Dec. II by A. +. Law
romeo while in the discharge Of
his duties as oversser and guard Of
the city prisoners at work on the
street, md while O'Leary was andeavoring
to escape" The jury further exonerates
Lawrence from any blame in connection
with the shooting"
Tho testimony was practically in accord
ance with the facts as already published.
According to the testimony of DR.. James =.
Mcdonald, who attended O'Leary, and DR..
Edgar Brooke, who performed the autopsy,
the ball went through one of the vertebr,e
of the neck, missing the spinal cord but
pressing splinters of one against it, and
causing paralysis. DR.. Brooke exhibited
the piece of bone. showing the course Of the
bullet.
Marshal Sims testimony az to the powers
nj duties OF q guard in charge of a gang
OF prisoners was that Lawrence's instruc-
tions we're to take the men to whatever
point was designated. He was to have the
prisoners under his control, to see that they
did their work and that none of them
escaped. The guards authority was the
same as that of q policeman. The marshal
didn't know that Lawrence had ever been
instructed to shoot at a runaway prisoner
but he understood that ii was his duty not
to let them escape. The marshal thought
he could go so far as to shoot If necessary,
though personally he did not approve such
a course. Any man guarding prisoners,
however, had a right to exercise whatever
authority he had to keep them in control.
It was not customary to have chains on the
prisoners to prevent them escaping, and it
WAS rare to send n out on the street in
chains. He regarded Lawrence as a man
of good Judgment, cool-headed and one who
did not drink. Lawrence was appointed by
Marshal Cronin and continued by Marshal
Sims.
Sergeant Nicholson told of O'Leary's ar
rest and commitment for vagraneY. On
tho question of the right of a guard to shoot
at a runaway prisoner. the sergeant said he
presumed that was what the gun was given
to him for. If a prisoner failed to stop
when ordered he considered it the guards
duty to fire. He had known guards to be
discharged for allowing mon to escape from
the chain gang.
Other testimony bore on the warning
which Lawrence gave the runaway before
firing. Miss Mabel Davis, who was several
hundreds yards off on Montana avenue,
saw the man running away and heard Law
renee order him to stop. The man kept
running aud the officer fired. Mrs. f. e.
Ward, to whose house the wounded man
was carried, said O'Leary asked her If she
did not think ii a shame to shoot him like
a dog when he was only in for SIS. Three
of the men who were working on the chain
gang at the time of the affair. we're exam
ined. Two of them heard Lawrence call
once to O'Ieary to stop. The other heard
him call three times before firing. One of
the men said O'Leary proposed to him to
run away twenty minutes before the thing
happened. All of the men said Lawrence
treated them we'll, and one of them said
that after the shooting Lawrence said he
was sorry the man had not gotten ten
yards further, when he would have been
safe.
After the verdict Lawrence felt very much
relieved, and expressed sorrow at having
been the cause of the mans death. He
had not hot to kill but merely to stop the
man.
F. d. Hixon. proprietor of the lodging
house where O'Leary stopped, says the man
came there and took a room, leaving an
overcoat in the Office, but not in his bed, as
stated. 1t remained in tho office until it
was found that it had been stolen.