The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-01
DWYER Is NOT TO BLAME
Such Is the Decision Of the Police
Magistrate.
ACTED IN SELF-DEFENSE
Judge Naughten. After Hearing the
Testimony at the Preliminary
Examination. Exonerated the
officer Who Killed Walsh.

BUTTE, Feb. 2S.-The preliminary ex-
animation for the shooting of Owen
Walsh in Phil Harrington's saloon on the
night of Feb. 20 was conducted before
Judge Naughten to-day and resulted in an
| honorable discharge. Assistant County
| Attorney Madison conducted the exami-
nation and John Lindsay appeared for the
defendant.
Richard and James Walsh. Bill Dryer,
Pat Shea, James Donovan, Phil Harring-
ton, NJ. c. Holland. Marshal McNichols,
Joe Murphy and Officers William Hogan
and Con Kelly testified in behalf of the
state. Their evidence was in substance
exactly the same as their testimony be-
fore the coroner's jury.
Joe Murphy testified that he was present
during all of the trouble; that when the
second shot was fired he was near the
west end of the bar, about 25 feet from
where Walsh fell. On cross-examination
he testified that when the fatal shot was
fired Owen Walsh was within arms
length of Officer Dryer and might have
had hold of him at the time, but as Dwyer
was between the witness and Walsh he
could not swear positively.
James Donovan swore that he was
within 10 or IL feet of Dryer and Walsh
at the llIUe TIE Iatal SuOl was ITeu. ne
swore positively that Walsh had hold of
the officers coat collar with his right hand
at the moment the second shot was fired,
but he could not testify as to whether the
shot was fired accidentally or not.
Officer Kelly testified that when he
arrived moment after the second shot
there were several men in the saloon, but
he did not see Joe Murphy among them.
At the conclusion of the states testi-
mony Mr.. Lindsay moved that the de-
PENDANT be discharged, on the ground that
the state had not proved a case sufficient
to justify the court in binding the defend
ant over TO the district court. Mr.. Lind
say reviewed the evidence at length and
made an eloquent and forcible plea on
behalf of Officer Dryer. The officer, he
said, went into the saloon to quell a dis
turbance and after he had succeeded in
doing so he was assaulted by the deceased
and several of his friends. Mr.. Lindsay
said that even if Dryer had been private
citizen he would have been justified in
shooting every man who had attacked
him.
The motion was opposed by Mr.. Matti-
son, but that gentleman practically adj
mitted in his argument that the state had
a very poor case. At the conclusion of
Mr.. Mattison's address Judge Naughten
stated that in his judgment there was
no reason for holding Officer Dryer and
he was accordingly discharged and his
bonds exonerated.
The officer was heartily congratulated
by his friends at the conclusion of the ex-
animation. There is pretty general feel
ing in the community that the prompt
discharge of Officer Dryer will go a good
ways towards increasing the respect for
the law and its representatives in Butte
to a much more fitting degree than has
been the case in the past. There can
II. H. Il Nha4 In IL
charge meets with the most widespread
public approval.