The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-06-04
In THE CASE OF REID
Testimony at the Preliminary Exami-
nation of the Constable.
DEPOSITION OF SULLIVAN
Statement of the Dying Mantle
officer in Jail Awaiting the
Decision of the Court
This Morning.

Butte. June 3.-Constablc John Reid
who shot Mike sullivan in South
Butte on Sunday morning. May 26. had
his preliminary examination before
Judge Almon this afternoon on the
charge of murder. County Attorney
Wines conducted the prosecution and
John w. Cotter appeared for the de-
Tense. In his opening statement Mr.
Wines promised that a clear case Of
murder would be made out against the
defendant and his preliminary remarks
were characterized by unusual earnest
ness. The evidence was practically
the same as that given before the cor
oner's jury. with the exception of a
change in the testimony of the defend
ant. At the inquest Reid claimed that
he did not fire either of the two shots
directly at Sullivan, but this afternoon
he testified that he fired the second
shot After the first shot which was
fired in the air. he swore Sullivan rails
ed his right hand as though he was goo
ing after a weapon, and he then fired
at his heels on direct examination
the defendant testified that he did not
see where Sullivan put his hand, but
on cross-eXamination by Mr.. Wines he
said he thought the man put his hand
i'm his right front pocket The other
witnesses told substantially the same
story of the shooting as that which
they related at the coroner's inquest.
ID. J. Charles also testified to the good
character of Sullivan.
The most important new evidence
was the dying deposition of Sullivan.
An effort was made by the coroner's
jury to have the deposition presented
at the inquest. but the county attor-
ney refused TO allow IL to go before
them, as he considered that it had
nothing to do with their duties. The
deposition was taken on Sunday night
and Sullivan died on the following eve
ming. Mr.. Cotter at first entered an
objection to its introduction. but af-
forwards withdrew II. Sulivan's dy-
ing statement i'm full is:
II walked from Butte to South Butte
with man named Donahoc. who is n
switchman. We were going down to
find some place to sleep. Donohoe said
he was acquainted with the switchmen
and IL would be all right. When we
got down to South Butte. about .
O'Clock last evening. we went into
little switch shanty and laid down on a
mattress and went to sleep. About }
o'clock this morning the officer camc
i'm and told us to get on our hats and
follow him. We started and followed
him for about 100 yards. The Officer
told us that he was arresting us for va
grancy. | did not want to go up town
and | thought the officer was going to
give US a chance to get away and get
out of the yards and | started To run.
had run about 90 or 30 feet when
heard a shot. There was two shots
fired i'm rapid succession. / don't know
one which hit me. As soon as | heard
the shots ! stopped, | did not hear the
officer tell me to stop or anything else
OF say anything whatever. When ]
stopped the officer came up to me and
| told him | could not go any further
The officer said TO me. If you don't go
along, you will 60 a - sight rougher'
/ told him | could not walk any further
and laid down. They then put me i'm
conveyance ana took me to the county
Jail. l had no weapon i'm my posses
sion except an old razor. which was
wrapped up. ! made no attempt to
strike the officer, nor did | use any
abusive language TO the officer what
ever. The only thing | said to the Off
Ger was tina; he was trying To make
reputation for himself because | did
not want to make any trouble for any
one. l came to Butte the night before
last. never saw this officer before
that | know Of | was never arrested
i'm this town before.
"All of the above statement is made
by me voluntarily and in the full belief
of impending death. and with no hope
of recovery, and realizing that / am
shot to die.
MICHAEL SULLIVAN
Witnesses, Frank Bertsch. +. T.
Kelly.
Butte, May g. 1895, 1880 p. m.
After hearing all OF the evidence.
Mr. Wines abandoned the charge Of
murder. but demanded that Reid be
held on the charge of manslaughter.
and said that he had admitted himself
by his evidence that he was guilty of
that offense.
Mr.. Cotter, on the OTHER hand.
claimed that IL was a case Of justifia-
BILE homicide, as Reid believed his life
to be i'm danger when he fired the sec
ond shot at Sullivan's heels on account
Of the threatening actions Of the lat
ter. Both of the arguments were very
lengthy and exhaustive, and at their
conclusion the judge announced that
he would render his decision at 10
o'clock to-morraw. In the meantime,
Reid was remanded 10 Jail