The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-28
HALP|A is A FREE MAN.
The County Attorney win Not Prose-
cute Him for Firing the
City Jail.
Pat Kelly Finds the Same joke
VIII Not Work a Second
Time.
A Pnglitst Goes From Helena to Livlngs-
ton and There Gets Into = Lot
Of Trouble.

Edward Halpin found out yesterday that
it didn't colt anything to sot FIRE to the
Helena city Jail, either carslessly. Grim.
inally. or for purely humorous motives.
On the night of Monday. the 18th mat,
Halpin, who had only been arrested that
afternoon ON a charge Of vagranoy, piled
all the bedding he could got at in the GEN.
tor OF the wooden floor on top OF the steel
cage and set it on fire. When peopls on
tho outside saw tho smoke ponring out OF
the building and gave the alarm, the doors
were opened Just in time to save HAipin
and four other prisoners f,om being an; 9TH
cred to death. In fact one of them WAS go
far gone that he WINS with difficulty revived.
County Attorney Eoian was not in the city
At the time of the occurrence. His assist
ant. Leon Lactoix, looked the mntter MP.
and came to the conclusion that Halpin
could be prosecuted, either for setting fire
to O prison, which is a specific offense, or
for arson in the first degree. In the alb
sence OF the county attorney the assistant
did not care to file q complaint. prsferring
TO leave the matter with Col. Nolan, es-
pecially as Halpin was in custody and there
WINS no need of haste. County Attorney
Nolan decided yesterday that he would not
prosecute Halpin on other charge. and the
mar was released from the city Jail, having
served his sentence imposed for vngrancy.
The reasons given for not prosecuting the
cha: &c are that there WAS an uncertainty as
to proving criminal intent. aad MISC the
uncertainty of securing evidence. Tho only
person who was in a position to SEQ Ha,pin
set fire to the pile Of bed clothing was an
,kIla NNrc~ HA srh~ vEN ~1rs v-~r - nr~~
ing on top OF the cage, or in what is known
is the "ffee-for-all." The county attorney
thought it would be inadvisable to put the
county to tile expense of prosecuting Hal
pin without anv certainty of conviction.
Halpin may consider himself very FORUM
ute in having all these financial and other
consideration brought to benr In his favor.
In most places he would have found him
self in Il very serious predicament.
Pat Kelly appeared before Judge Gage
yesterday to answer the charge of stealing
i'm overcoat. A short time ago Kelly was
stealing II hat from a clothing store DUN
my. He begged off on that occasion,
claiming it was oil q good joke, just done
TO see how he would look in the dummy's
new hat. and how the dummy would look
in his. As the dummy recovered its hat.
business was another matter. Kelly
couldn't shog where the fun came in. and
Judge Gage gave him twenty days in the
county Jail.
News comes from Livingston that Paddy
Lee, the heavyweight pugilist who gained
some noto5ietv in Helena by knocking out
some lightweights, including one woman,
has gotten into trouble once more, and that
there is a lively prospect by his getting into
more. Leo WAS arraigned before Justice
Lepley on Monday morning on a charge of
assault and battery and mulcted in the
sum of $15 and costs, amounting in oil to
$27.40 SUNDAY night while Mike Cleary,
who seconded Robinson in the mill Satur-
dnv night. was asleep in a saloon, Lee came
in and knocked him off tho chair and then
jumpe ed on him with his feet. Before he could
be taken off he Ind damaged Clenry's head
considerably. Subsequently mutual friends
succeeded in arranging matters so that
Cleary and Lee will meet in the ring on the
stage OF the Livingston opera housa on the
evening Of May 8. 1t will be with gloves
md no kicking by the principals will be al
lowed. The kicking will DO confined to the
audience. A Purse of 500 is hung u, and
the agreement includes IL return Of gate
money in case Of a fake. Owing to the az
sault made on Cleary there is n .ospect
ahead that Lee will find he hasn't lun up
against n sleeping man.