The Anaconda standard., 1895-04-24
A DRUNKEN CONSTABLE
Is the Cause Of Two Men Having Been
for q Long Tim, Imprisoned
CONLEY AND DILLON FREE
The Judge Says IL Is Enough to Con-
vlct Men Who Are GUILTY OF
Grimes Without Trying to
Convict innocents.

James Dillon, two hari-working miners,
have been in the county Jail since the l1ti,
of March awaiting trial on the charge OF
highway robbery.
They were put on trial before jury in
Judge Speer's court to-day, but the evi-
dence developed such an utter lack OF a
case against them that Mr.. Mattison, the
prosecuting attorney, asked the jury to
acquit the defendants, which was done.
The prosecuting witness was Constable
Coombs, and according to his story he
saw Conley and another man in the Sill
ver Bow brewery fighting on the night OF
ST. Patrick's day. He arrested Conley
and took him to the court house, but be-
fore getting into the Jail Conley told him
that he was q married man, and after be-
ing idle q long time he had just got work
and said that If Coombs would let him go
he would 60 home and go to bed. Coombs
said he let him go. Afterwards Coombs
was going up Hamilton street and met
Conley and Dillon. Conley knocked him
down and Dillon kicked him into insens-
bility and they took SO bill and some
silver and gun away from him.
They then ran away and were arrested
| by Officer Barnaman.
That was the substance OF the state s
case, though several other witnesses testi-
| fed to seeing the prosecuting witness and
| the defendants together.
Attorney O'Donneli asked the court to
instruct the jury for a verdict of not
guilty, but the court wanted to hear the
| defense and overruled the motion. Attor-
ney Reed, one of the defendants, said that
| they would show that Coombs was too
drunk to know what he was doing and
| that the defendant, Dillon, took his re-
volver away from him to keep him from
III sI.t ~. -
| rol,bcd of a cent.
| Police>Ofilcer Duheme testified that he
| arrested two men. In going to jail he met
| Coombs and asked him what they took
! from him, and he said they took his gun.
| Coombs, he was satisfied, was stupid
| drunk. Duheme asked the defendants
| why they held Coombs up and they denied
| that they did so. They said Coombs
| showed n gun in their faces and they took
| il away from him. The witness said that
| Coombs was so drunk that he would have
fallen flsome one had pushed him.
Several tartenders testified to the fact
that COMBS and the defendants were
| drinking together and that Coombs paid
/ for IL.
Chief of Police Leyden said he saw
Coombs from ~ o'clock on until early in
| the morning and no was so drunk that he
could scarcely navigate. he wanted to
arrest n man for fighting. When he tried
to take hold of him he fell down on the
sidewalk.
CITY JaiIer Anderson said he searched
the defendants when they were arrested.
| There was no money on them and they
appeared TO be sober, while Coombs was
drunk.
Police Officer Stoneberg also testified
that Coombs was very drunk. Conley,
one OF the defendants, said he was on his
way TO work when he met Dillon, and
soon Coombs came up and invited them
into q saloon to take drink. From there
i he invited them to another saloon in Wes'
Granite street, and then told them they
should 60 with him to jail, as they would
be better off there. They told him not &C
be foolish and started back to Main
street. Coombs soon caught up with
them and asked them 20 have another
drink. They went into q saloon and
while there he drew gun ON anothe
man and the latter threatened TO breal
hts bead.
told them that they would have to go, Il
fail and laid his hands on the witness
who pushed him away and told him e
stop his funny business. .Coombs thel
whipped out his revolver and pointed
in Conley's face and Dillon grabbed 1
and jerked IL out of the drunken officer
hand. Dillon put the revolver in his Goa
pocket and turned 1t over to Office
Duheme when the latter arrested them.
The defendant, Dillon. testified 4
about the same state Of affairs as relate,
by Conley, and also said that Coombs fel
on the sidewalk several times an,
claimed that he was subject to fits.
Adolph Reichlo said he had known Dil
lon for six years and his reputation wa
good. Thomas Duggan said Conley'
reputation was good.
AT the close of the testimony Mr.. Ma
tison, the prosecuting attorney, aske
that the court instruct the jury TO acqui
the defendants. Mr.. Mattison said h
was convinced after hearing all the test
mony that the defendants were innocen
of the crime charged and felt II his dut
tonslS for their acquittal.
fThecourt said he had patiently listene,
10 alfthe testimony, and IL was not sue
testimony as he would want to send
man to the penitentiary on. att
enough" he said, ''if wo succeed in col
victing men who are guilty of crime will
out trying to convict innocent mon."
The jury then acquitted the defendant
and they were discharged.