The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-07-14
MISTAKEN IN THE Man.
William Dugan Not In Helena When
Policeman Scharrenbroich
Was Shot
Tho Accused Proves an AlIbi and
the State Abandons the
Case.
Judge Hunt In struots the Jury to Find
> Verdict of Not Guilty, which
-; They DO.

William Dugan. tho man suspected Of
being in tho party who shot Policeman
Scharrenbroioh IN the morning Of May 16.
and who escaped from the custody Of the
officers at tho time. was honorably nc
Quilted in the district court yesterday. II
was q clear case Of mistaken identity, and
Dugan proved an alibi that would have
gotten him OF even had the evidence
against him been stronger than II was. The
jurym men selected to try the case were Sam
Schwsb. A. M. Thornburgh. Frank j. Ed
wards, WIN. Dingee, Wilson Carpenter, w.
d. Smith. Moses Morris. ]. A. Mack. Isaac
Marks, A. p. Dodge, j. j. Geier and Will
liam DsLacy. Mack 10 a colored man, and
is the first of his race drawn on a district
court jury for a long slime.
Yhe principal testimony Of the state was
from Henry Wolf and Thomas Persage.
barksepers at places whore the three men
who we're in the affair of May is had been
drinking during the night, and Policeman
Schnrrenbroich, the officer who was shot.
The barkeepers were positive that DuRan
was one Of the men. The policeman's tes-
timony, however, was not 30 positive. He
said DuRan was of the same build n APP
pearance of one Of the men whom he had
under arrest whom he was shot.
when did you first identity this man? ~
WIS asked. d" % 0r%
"When he was brought back from Bozs-
man."
did you swear positively when you first
that he was the mani"
II said l believed he was the man."
"Do you say o he is the MANI"
II have q little doubt about it," The
officer then went on to state the reasons
for his doubts. After Dugan's arrest he had
been told that a man named AL Mellen was
suspected Of having been connected with
thso uttages of that night OF May 1916.
When u description was given him of Al
of n of the men in the party of prisoners
when he was shot. That made him unosr-
tain about DuRsn being one of the men.
Judge Hunt now directed Dugan to stand
up. Nov look at him." said the judge to
the officer, land say whether that man was
one of those you arrested"
II cannot say positively that he it," re-
piled the conscientious officer.
The doubt that was thus thrown on Du-
gan's identity was clinched when Andy
OBrien and L.. Hutchings were put N the
witness stand for the defense. O'Brien
had worked with DuRan on the Great
Northern extension. and swore they were
April until May 26. HutchinRs is time
keeper for the contractors for the Great
Northern work. He brought his time
books along and they showed that O'Brieu
had told a straight story.
When the defense was through County
Attorney Nolan said it was clearly a ques'
ton of mistaken identity. Thu evidence
was Of such character that no conviction
could possibly be had. At the time of the
preliminary examination Dugan was not ir
a position to procure witnesses to prove he
was at sand Point. and the other testimony
was of suCh a nature 40 to warrant sending
the case to court. He was perfectly salts
fled nov DuRan was not one of the men
wanted, and was perfectly willing that the
jury should bring in q verdict Of not guilty
without leaving their seats.
"Ihst is right" remarked Judge Hunt
''and I hope he will be honorably acquitted,
and the other charges against him moi
prossed."
The jury announced a verdict of not
guilty without leaving their seats, and the
county attorney dismissed the other charges
against DQgan. The latter vas very happy
over his release. He was defended by ii.
Sol Hepner and w. w. Phelps.
The crimes of which Dugan was charged
with being a party to embraced a series OF
ou1Iakes uuFAnS tuo uigub OF may 10 anO
16. Early in the night a man was robbed
at nm upper Main street lodging house by
three other men. The police were informed
and began searching for the thieves. Pc
lioeman 6oh%arrenbroioh arrested the meu
in the Atlantic Garden saloon, about three
O'Clock in the morning, and with Policeman
Carlson started with the prisoners to the
city jail. At Broadway and Main street
one of the men drew a pistol, pushed it
under his arm and shot Policeman Solar
renbroith in the shoulder. The three men
then ran of. and though pursued. succeeded
in getting away. A few hours later it was
fonnd that a Swede named John Swanson
had been beaten and robbed by three men
near the gas house. Swanson died within
twenty-four houts after being beaten,
This crime was laid ut the loot of the same
gnng. The man for whom DuQan was mis-
taken was not the one who shot the officer