The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-30
The Constable Who Killed Sullivan
Discharged By a Jury.
EVIDENCE AT THE INQUEST
"A Man Has No Show for His Life
In Butte" Said the Victim
The Verdict Received
With Surprise.

day. and the precedent has been eS-
tablished that a vagrant may be shot
dead by the officer from whom he is
attempting to escape. with as little hes
itancy and as little fear of punishment
as would follow the shooting of a muir
derer or a felon under similar condi-
tions. The fact that the vagrant
threatens no harm to the officer. and
does nothing worse than runaway.
makes no difference. at least in the
eyes of such a jury as the one which
decided Reeds case was composed of.
In view of the generally expressed
public opinion the verdict will be re-
ceived with much surprise.
The investigation was conducted be-
fore Coroner Richards and a jury COM
posed of Chance l. Harris. Guy Nichol,
Richard Thierman, Simon Hauswirth,
John Rowe and f. II. Bruce.
David Donohoe. who was with Sui
Ivan at the time of the arrest and wit
messed the shooting, was the first wit
ness, and he testified substantially as
follows: II met Sullivan at Pocatello
on Wednesday last and met him again
in Butte on Friday and on Saturday
evening. / am switchman and am ac-
quainted with the Montana Union yard
master. and on Saturday night Sulli-
van and | went to sleep in the switch
shanty. where l knew we would not be
disturbed. About o'clock on Sunday
morning officer Reed came into the
shanty and placed us both under ar
rest for vagrancy. / told him that /
was switchman and he had no right
to arrest me. but he said he would take
me along anyway. After we had gone
a couple of hundred feet Sullivan. who
was behind. started to run and the
officer fired two shots at him. Sullivan
was so or 60 feet away at the time and
no fell the second shot Reed did
not call to Sullivan to stop nor say
word to him and he fired directly at
him. The constable and i then walked
over to him and Sullivan asked Reed
what he wanted to shoot him like that
for. Reed replied: We'll. what did
you want to run for? Sullivan walked
a short distance. when he grew faint.
Reed asked him if he should carry
him and he replied that he did not care
whether he carried him or killed him."
DR.. Wells testified to having perform
ed an operation on the man and to
the cause of death, as already pub
lished
Constable w. II. Ellsworth testified
that on Saturday evening he met Con-
stable Reed in Meaderville and told
him about a prisoner having escaped
from him some days before Reed
said there was man in South Butte
| whose description was similar to that
given of the escaped prisoner. On Sun
| day morning he hunted up Constable
Reed and started out to make a search
| of the railway yards. He had taken a
| man out of a box car when he saw
| Reed coming down the track with the
| two men, Donahue and Sullivan. When
| the men had gone a short distance
| away he saw one of the men run and
Reed shot twice. He assisted in taxi
| ing Sullivan to the county Jail. and af-
| ter placing him in the hack he asked
| him what became of his two partners.
What two partners?' asked Sulli-
van.
THE men who were with you in
| Meaderville"
l have got my Dose" replied Sullivan.
The witness believed that Sullivan
| was one of the men who robbed an
East Granite tailor shop some time
| ago, and whom he afterwards saw in
| Meaderville. Ellsworth was too far
away to hear Reed order Sullivan to
stop. but both Sullivan and Donohoe
| admitted that such q command had
| been given. Sullivan admitted to the
| witness that that was not his true
| name, but he said that it was the name
| he was going under and that his real
| name did not cut any figure.
Officer A. II. Gillette assisted the two
| constables in the search through the
| railroad yard and reached the scene
| minute or two after the shooting
He asked Sullivan why he ran away
| and he said that il was because he was
too well known in Butte to be taken up
| there. He did not explain what he
/ meant by this statement.
| Officer Smell testified that he saw
| Reed coming up from the Montana
| Union depot with two men, one of
| whom started to run. He heard Reed
| order him to stop, and then saw the
shots fired and the man fall. He ran
and asked what was the matter. and
| Sullivan replied to the effect that a
man had no show for his life in Butte.
| Tho witness asked him what he ran
| away for, if that was the case. and
| Sullivan replied: Il am too well
| known in Butte to be arrested
Constable Reed then took the stand
| and Assistant County Attorney Booth
who was conducting the examination.
| informed him that he was not required
| by law to testify, and that anything
| that he might say could be used
| against him at a preliminary examina-
| ton. Reed stated. however, that nc
| desired to make a statement in connec-
ton with the affair. and he then gave
| his version Of IL as already published
| i'm the Standard after having telling
of meeting Ellsworth in Meaderville
| on Saturday and the latter's agreement
| To call for him on Sunday morning
| for the purpose of looking up some
| escaped prisoners, he said: Ellsworth
| started through the lower END or the
! ward and ! went into the switch shanty
where ] found Sullivan and Donohoe
| and ] asked them what they were do
| ing there. Donohoe said that he was
a switchman and had a right there.
| asked him what railroad men he knew
! in South Butte, and he did not appear
| to know any one. 7 then arrested botf
Of them for vagrancy. l told both mer
/ that if they were workmen. as they
| claimed. that they could easily get out
| of iail by calling on their friends.
| started out with the men. Donohoe on
| my left and Sullivan on my right
| When we were passing box car Sui
| Ivan lodged behind il and started Il
! run. As he did so / called upon him Il
| stop. and as he paid no attention &c
| the command. / fired a shot into tbs
| ground at his heels 30 scare him. Their
| / fired another shot. but / did not in
| tend to hit him. / supposed that ht
| was e desperate character who wished
| To- avoid arrest Ellsworth also stated
/