The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-19
He Will Be PROSECUTED
Edward Halpin May Find That
Firing the Jail Was a Seri-
Gus Matter.
The Question Is Whether 1t was
Arson or Soma Lesser
OHense.
,1,Sar Ono Law 1t Means LILO IMprison-
ment or Hanging. Under the other
q Term OF Years.

The attention OF Assistant County Atso'-
new Lacroix wns called yesterday to the nre
which Edward Halpin. ono OF the pr'so-
ners, started at the city jail the night BE-
fore. In the absence of County Attorney
Nolan from the city. his assistant looked
The matter mp and made q personal IN
s~pection Of the Jail. and sized up tns
amount Of damage done, etc. lie found
two laws under either of which Halpln can
he prosecuted. The most important and
most severe Of these laws is that on the
subject OF arson. 1t declares that any per-
son who wilfully or malioiously Durhs' IN
the night time. any building INHABITED oy
any human being. is guilty OF arson IN 'he
first degree, and is punishable by lmp'ison-
ment for life. or with death. IN the alsofe-
tion OF the Jury. Numerous authorizes
vera hunted up with the view OF finding
vbether a Jail came under the head OF
..bnildinu inhabited by any human being,
and whether the small amount of damage
dana could be construed into burning a
build;no. The authorities declared
that a Jail was an inhabited build
inc under tho terms Of the law
and that burning did not necessar-
llV lmDlV tuhb u
stroyed, but that the charring of the wood
work was sufficient to constitute the CRIME
Of arson.
The other law relatss particularly TO
injury or damage to iails. 1t says that any
person who wilfully and Intentionally
breaks down or otherwise destroys or
~iniures, in whole or in part" any public
Jail or other place of confinement, shall be
fined not exceeding $4,000. nor less than
the value of the property destroyed. or the
amount of injury done, and shall to i'm
prisoned not over five years nor less than
one year.
The assistant county attorney thinks
Halpin can be prosecuted unde either OF
these laws. He says the jail is. according
to all decisions, an inhabited building.
and ~personel examination convinces him
that the woodwork Of the post supporting
the ceiling of the Jail, as we'll MS the floor
covering on top of the steel cage. were
shared sufficiently to constitute the ofense
of arson. Thu fact that three other prison
ers we're locked up in the steel Gage. with
ont any chance of getting out or avoiding
suffocation. and that another prisoner who
WAS sleeping on top OF the cage was also II
danger of being suffocated, adds &c
the gravity of the ofense. IN the opinion OF
the assistant county attorney. 80 Tar as
the other law is concerned, the maximum
punishment that could be meted out te
Halpin would be five years Imprisonment
and a fine of about $50 to cover the amonn'
Of damage done. The fine of $lO,0 900 under
that law was undoubtedly intended to ap,
ply in cases where there should be greal
destruction Of property. ..
In view of the difference in the penalties
IL. k,u~ otp M T,uornJv thn1rht -
best to defer making any formal complaint
until the return Of County Attorney Nolan,
who 10 expected back in a few days. The
only thing standing in the way of prosecu-
ton for the graver charge is the fear that
the severity of the punishment might inter
fere somewhat with conviction.
Halpin is a man about ~ years OF age,
He was up before Judge Gage recently fo'
petit larceny. In response to his urgent
plea Judge Gage let him off with a moder-
ate fine. which he had to work out, not
having the money to pay it. 1t took hin
ten days in the county Jail to work out thu
fine. and he had only recently been dis
charged. When arrested on Monday it wal
on suspicion of having stolen a saddle
from a horse that was TIED to a hitchins
post. The charge of vagrancY was pre-.
ferred against him in order to hold him til
evidence could be secured on the othe
matter of stealing the saddle. Jailot Per
sell says he has information that Halpil
had threatened to burn the Jail if he wa
ever "thrown in" again. When the fire wa
discovered Monday night and thu irol
doors of the Jail thrown open, Halpil
dropped down on the floor ON top of tn
cage, and alongside of the burning blan
kets. and pretended that he was asleep an,
drunk. The excuse he gave was that tn
place was cold, and that he didn't propos
to freeze. As a matter of fact the stove i
the Jail has not been working right. an
rather than take chances of smoking th
prisoners TO death, no Ere WAS built in i
There were plenty Of blankets. however.
keep q dozen men warm.
Willie Dubbs, the youth who was in tt
Jail on the charge of robblnR the opel
house saloon, was the worst sufferer by tt
fire. He was the only prisoner besides Ha
pin who was allowed to sleep outside of tt
steel cage. After Halpin had started til
fire among the blankets. Dubbs wrote
note and going down from the top Of TX
cage. pushed it under the iron doors in,
the large assembly room adjoining. 1t WI
u notification to the police of what VIZ
going on. No one was in the room at tt
time, the sergeant and others being in tt
msrshal's office in the front part of tt
building. Had it not been for others c
Clors street discovering the fire it ia mo
than likely that all this five prisoners, i
Guiding Halpin, would have been smother
TO death. As it was tho boy Dubbs WAS
overcome by the smoke that he had to
assisted out of the Jail, and it was so,
time before he came around all right aga;
Full line of ladies' Jersey and Swiss ribt
spring and summer vests, 10 cents and upwal
butcher q Bradley, lOo Broad way.
Zephyr chambrys win make up stylish epr
dresses and are cheap at The Bee Hive this WI
st Inc npr ward.