The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-17
In THE CASINO ROW
Mike Tswey Was Brutality Beaten by
Two Employees.
WAS DEFENDING A FRIEND
Dave O'Donnell. the Bartender.
Was on Trial Yesterday. and
Jury was Secured to sit
on the Case.
WAS DEFENDING A FRIEND

Dan O'Donnell. an ex-bartender at
the Casino. was on trial yesterday be-
fore a jury in Judge Speer's court on
the charge of assault in the first de-
gree. committed on Mike Tewey, a Wis
itor at the Casino some weeks ago. The
assault was a particularly brutal one.
and O'Donnell and Billy Ferguson
nearly dubbed Tewey to death with
revolvers. Ferguson had also been ar
rested but was discharged at the pre-
liminary hearing. while O'Donnell the
more cowardly of the two. was held to
the district court. The jury drawn In
the case yesterday was composed of ].
w. Miller w. H. Matthews. Thomas
O'Connor. N. Genereaux, w. A. John
son, II. Osgood, Chris Johnson. ]. F.
Brown, George A. Smith, Richard Null
holland, A. Karcher and John Ingram.
The prosecution was conducted by
Deputy County Attorney Charles Mat
tison, and O'Donnell was defended by
John w. Cotter.
Mike Tewey. the complaining witness,
was the first to testify, and said that
on Oct. Z, about 10 O'Clock in the even
ing, as he was coming up from South
Butte and passing along Galena street
by the Casino theater, he noticed that
some disturbance was occurring there
and that q friend of his, Thomas Co.'S
D
with Mr.. Ferguson. the doorkeeper at
the theater. He stepped in just in time
to see Ferguson draw his gun and
strike Cosgrove with it.; then Tewey
stepped UP and tried to go between the
two men. and laid a hand on Fergu-
sons shoulder to keep him from strik-
ing Cosgrove again. Then Ferguson
struck Tewey over the head with the
gun and the gun fell out of his hand
and upon the floor. Tewey was at
tempting to take Cosgrove out of the
place when he was struck; this blow
stunned Tewey a little, but did not
knock him down. Tewey did not strike
or attempt to strike Ferguson, who
was doorkeeper at the place and an
appointed special policeman without
pay. At this point O'Donnell ran out
into the lobby, picked up the gun and
began beating Tewey on the head, in
fiicting three or four bad cuts and
wounds. Tewey was not assaulting
any one at the time these blows were
struck and witness says that he begged
him to stop beating him with the gun.
An attempt was made, on cross-ex-
animation, to shake the witness tes-
timony regarding his encounter with
Ferguson. but he firmly maintained
i that he was not offering any one In
jury, but simply trying to prevent his
| friend from being beaten by Ferguson
/ without any provocation. He denied
| that he ever had any conversation with
| one Weischlbaum, a friend of O'Don-
| nell, in which he offered to compromise
the prosecution and allow defendant to
plead guilty to assault in the third de-
| gree for a money consideration.
Tom Cosgrove testified that he had
entered the Casino a few minutes be-
fore the trouble occurred and had gone
to the ticket window to get tickets for
himself and friend who was with him.
but finding no one at the window had
gone to the door, where he met Fergu-
son, who called him a bum and declar-
ed that he was trying to beat his way
into the place and offered to bet him
$40 that there was a man at the win
dow. He went back to the window,
found some one there and wished TO
buy his tickets, but Ferguson gave him
a shove towards the door and as Cos
grove turned around Ferguson drew
his gun and struck him, cutting his
cheek just below the left eye with the
muzzle of the revolver. At this point
Tewey came in from the street door
and stepped between them, and as he
did so Ferguson struck Tewey on the
top of the head with the revolver.
which fell out of his hand to the floor.
ODonnell then ran out from the bar,
picked up the revolver and struck
Tewey several times upon the head.
cutting him every time he struck him.,
Witness said Tewey was trying to get
away and avoid the blows. but O'Don-
| neil lOiiOWtu up anu Dtdl MIN utl
mercifully. Frguson was not In danger
of injury at any time during the en-
| counter, and did not call for help to
| O'Donnell neither witness nor Tewey
| struck at either Ferguson or ODonnell
| during the whole time
officer Kohl said he was on Galena
| street when he heard some disturbance
| in the theater. and upon running into
| the lobby he saw O'Donnell striking
Tewey over the head with revolver:
saw him strike three blows while Tew-
| ey was backing away and trying TO
to let him alone and had both his hands
| up to his face to shield IL from the
blows. The last blow was struck while
Tewey was almost helpless from the
| effects of the blows.
Officer Beck came in at the same
time Kohl did and saw the same acts
on the part of O'Donnell. Tewey was
not Offering any resistance at the time
| defendant made the assault on him.
| but was begging them to stop.
Jean Decker testified that he was
standing just inside the door leading
into the theater from the lobby when
he heard blows struck out in the lobby.
| He went out and saw O'Donnell strik-
| ing Tewey on top of the head with a
large. heavy revolver, Tewey being in
a STOPPING position with his arms
raised in front of his face to shield his
face from the blows. The witness said
there was no possible injury being Of
| fered or threatened to either Ferguson
| or ODonnell at the time the blows
| were struck. Tewey was in a defen-
sive attitude and was begging for them
to let him alone and saying something
about having quit. He corroborated
the officers in the way in which Tewey
was backed in the corner when the
last blow was struck. as the officers
came in. s4
Dr. Johnston testified as to the char
| acter of the wounds. four in number.
of the principal ones. with several lit
tie ones on top of his head. Said the
wounds. IL produced by blunt instru-
ment. must have required considerable
| force TO be applied to the weapon.
All witnesses state that O'Donnell
| struck as hard as he could with the