The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-19
BELLIROU DISCHARGED.
Judge Sanders Thinks the Under Man in a
Fight has Right to Bite. u"

Judge Sanders Thinks the Under Man in a
" M Fight has Right to Bite. """
The preliminary examination of Joseph
Bellirou, charged with mayhem in biting
the finger of Charles Gaines SO badly that
it had to be amputated, was held before
Judge Sanders last night, and resulted in
the accused being dismissed. County At
torney Nolan was assisted in the prosecu-
ton by Leon A. Laoroix, and G. q. New
man appeared for Bellirou. The police
court room was crowded with Witnesses, al
most all Of whom were railroad men, and
the large majority of whom were for the
defense. The latter class were SO numerous
that when they were summoned forward to
be sworn, Judge Sanders asked dryly If
anybody on the Northern Pacific pay roll
said he didn't think any Of them had gotten
away.
The evidence was very volu1ninous and
naturally somewhat contradictory. Gaines
was the principal witness for the state. He
showed the stamp of the index finger of his
left hand in testimony Of the effect of the
biting. The story, as already briefly told.
was that when Gaines succeeded ]. Fl. Nc
Dermott as yardmaster for the Northern
Pacific, he met with opposition from the
mon. Gaines discharged Bellirou, who was
holding the position of night yardmaster.
Bellirou was subsequently re1nstated on
appeal to the company officers in st. Paul..
It was while he was while he was out of his
place that the fight occurred on Nov. "a,
which resulted in Gaines losing his finger.
One conflict of testimony occurred as to
who struck the frst blow in the Grand Pa
cifc hotel where the trouble occurred.
Some, including Gaines, said Bellirou did.
Others, among them Bellirou, said it was
Gaines. AIlagreed that there were high words
between them ana one witness testified
that a few minutes before the two had
agreed on a proposition made by Gaines to
fight it out at three O'Clock that day. 1t
was in evidence that Gaines got Bellirou
severely, backing his eyes, bloodying his
nose and tearing his mouth. Another con-
dict of testimony came in on the point as to
how the finger got i'll Bellirou's mouth.
Bellirou said Gaines put it there in an effort
to gouge and he bit it. Gaines said Belli-
rou caught his hand and put the finger in
himself.
Judge Sanders said the testimony ostab-
lished the fact. which was not disputed,
that Gaines had received an injury to his
hand which caused him to loss a finger.
Til law on the subject of crime said there
must be a joining of action and intent.
Bellirou pleaded self-defense. The statutes
justified a man in defending himself to che
extent even of taking life if necessary. He
believed it II good rule of law that a person
who voluntarily pseoipitates an atfray
could not invoke the aid of the law whom
injured. He could not do 80 in a civil
action, and the judge thought the same
rule would hold good in a criminal one.
Tho defendant in this case was being ill
treated and was justified to a reasonable
extent in doing anything to release himself
from the position he was IN. He ordered
Bellirou's release, an announcement re-
ceivea with applause and some cheers from
the railroad men.