The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-27
NOW FOR FINAL ACTION.
The Investigation Of Police Depart
ment Affairs Was Concluded
Yesterday.
Testimony In the Horse Sale Case
and in the Hold-up
Affair.
The Council Committee In Possession OF n
Good Deal of Information They
Did not Have Before.

The investigation by the city council
committee of police affairs was concluded
Yesterday. Chairman Harrity and Messrs.
Morris and Howell. who compose the COM
mittee, were on hand promptly at II
o'clock, but it was half An hour later when
the business actually began. The first wit
ness was John Zeigler, ca allied in the inter-
est Of Officer Barrett in regard to the horse
sale. The witness named some OF those
, resent at the sale, told how the marshal
started the horse at $l3, the amount oil
the charges on him, and how Jailer Purcell
bought him in for $15. He said no had no
understanding with Marshal Calvin not to
bid on the horse, and that there was moth
ing in the conduct of tue sale that would
lead him to think there was anything wrong
in connection with it.
The next witness was a gentleman by the
name of Kagle. He told the story of the
sale substantially as did Mr.. Ziegler, but
went a little more into detail. He said at
ter Purcell's bid the marshal called three
times for other bids; that there was plenty
of opportunity for othels to bid, and there
was no sort of a snap judgment at the
sale.
The next witness was Mr.. Bell, the gen
tleman who first complained in regard TO
the sale. He said that he heard of the sale
and the day on which it took place, he
went up to the city hall about 10 q. m. to
see about it. He saw Tailor Purcell and
young MIR. Ieigler. and thew told him that
the sale would come off between then and
- o'clock; that the marshal had gone to
to the derot and would attend to 1t
When he returned. Mr.. Bell said
that Tailor Purcell told him he
believed the horse belonged TO some one
who lived close by, and if the owner called
for him after the sale it might cause the
purchaser trouble. The witness then told
how he went away to make inquiries in re-
gard to such sales, and when he returned,
about IL o'clock, the horse had been sold.
He told officer Barrett he thought they had
been swift about the sale. Mr.. Bell said he
had never spoken to Marshal Calvin about
the horse before the sale, but that the
marshal saw him after the sale and told
him the horse would be brought back and
the sale reopened. He told the marshal
and the mayor they need not do this Tor
him. The witness in reply to a question
from Attorney Nolan, said he was a little
hot because he did not have a chance to
bid, but he did not say there was a job in
the sale. He said he might have bid $50
or $40 for the horse.
This closed that portion of the investiga-
ton in regard to Barrett's charges concern
ing the horse sale. and was also the last
witness put on the stand by Barrett. W.
H.. Schmitt, district court reporter, was
then called by Mr.. Nolan. and he read from
his notes some of the evidence given in the
Mcintyre and Fitzgerald trials in the dis
trict court. In his testimony on Friday
Officer Barrett said that DAILY. the stool
pigeon, had told him that he had gotten
Mcintyre, the man who WAS caught in Bach.
Cory q CO.. store, into that place, and then
gave the police the signal. Mr.. Schmitt
read his notes of McIntyre's evidence when
he was on trial in the district court. II
was to the effect that he (Mclntyre) was
drupged by two men whom he did not know,
on his way up from the race track; that he
remembered going into the Atlantic beef
hall, and leaving il and that he did not re-
member anything else until he was arrested
by the officers in the store. Mcintyre also
testified that there was no one with him
when he left the Atlantic. MIR. Schmitt also
read the testimony of Jailer McFaddon in
the same case. 1t was to the effect that the
taller heard Mcintyre tell u fellow prisoner
that if Q had had n buggy he would have
made a big hau! at Bach. Cory d Co.'s, of
imported cigars.
Officer Barrett in the district, court on the
trial of Byron Fitzgerald. At that time
Barrett testified among other things tina
Fitzgerald told him he had no partner il
the hold-up; that he had orders from Ser
geant Callahan to go down to the plao'
where tho attempted hold-up occurred, the
serceant telling him he had Information
leading him to think there would be a hold
up there. Barrett also testified that he say
anothe: man with Fitzgerald when ne ar
rested him.
and Sergeant. Callahan was then called
He told about Days connection with tn
force, saying he was regularly employee
and was on the pay roll during septembe
and October; that he was IL Bpeclal detec
tive who knew the hobos well, and that h
had given the department a lot of lnforma
ton that had led to ar ests. Among othe
things Daily told him where he could fin,
a lot of burglar tools and they We're Sc
cured; DAILY also told him about the Bach
Cory d Co. Job. and Mcintyre had ais
planned to rob Fred Sass store the sam
night. DAILY said Mcintyre sold hi
plunder to a Chinese FENCE but thi
man the police could not locate
Getting down to the FitzReral
case, the sergeant said DAILY told him on
evening that Fitzgerald was going to d
some STICKING up" as the hobos call
highway robbery, and that he (FitzgeraLd
wanted DAILY to help him. Daily asked tn
sergeant what he had better do about i
and after consideration the sergeant toll
him to go with Fitzgerald to keep track c
ulu, Dub uOL W thhb any aSbANC paw Al VI
business. The sergeant testified that @
Days request he loaned him q gun th
same evening. Ihe sergeant then explaine
in detail the stationing of the officers in tn
vicinity of the Germanis hotel. In repl
to a question he said the gun Fitzgeral
had when he was arrested was like the on
he gave DAILY. The sergeant also said L
did not enter into any arrangement
lob" an innocent man. Az to the emplo,
ment of a man like DAILY to do special dut,
he said it was done in every city in tt
country.
Officer Davis was then called. His ev
dence was to the effect that Barrett ha
told him he (Barrett) ought to hold tt
office of sergeant; that he did not recei,
any orders from Pat Ga, vim or Callahan
On ross-examination Davis said Barre
told him that if Callahan desired to Gel
sure him for his action in the Mary Port
case he should have done 30 at the static
and not on the street.
Officer Tracy was then called in Tefe
ence to the cab office incident. He ga
that on tho night referred to by Bar rett
his testimony, he found Barrett back in Il
rear of the Office. Is ing OH some trunks nj
cove ed with robes. Barrett vas suppose
to be on duty that night. Tracy also sa
1t Was the usual practice OF Barrett to tai
a nap in the cab office in the morning.
Officer Martin. the next witness, said u
conye sation detailed bv Barrett in his te
timony. in regard to DAILY and the gu
did not take place to his knowledge. /
told how he went down to the scene of Il
H. IsI-n