The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-04
FOUND NOT GUILTY
Eugene Sullivan, Accused Of Assault,
Acquitted by q Jury.
HIS VERY STRONG ALlBl
The Court Room Crowded With n
terested Spectators and Friends
OF Eoth Enthusiastically
Big Mistake.
HIS VERY STRONG ALIBI

with intent to kill William O'Meara. a
shift boss at the Green Mountain mine.
O'Meara was waylaid on the morning
of Sept. q last and nearly beaten to
death. He identified his assailant as
Eugene Sullivan. with whom he had
some previous trouble in the mine, and
who had made threats against him. A
man named Powers, who was with
O'Meara, also testified at the trial that
he had identified the would-be murder
er as Sullivan, but both men were evil
IDENTIFY mistaken, for the defense put up
a very strong alibi and the jury ac-
cepted the story of the defense. The
trial attracted a great deal of attention
and the court room was crowded with
miners, who were greatly interested in
the case.
The trial was concluded yesterday af-
ternoon and the jury retired about 6
o'clock, but it took them until o'clock
this morning until they finally reached
verdict of acquittal. The Jurors all
voted on the first ballot mot guilty
as to assault in the first or second de-
gree, but four of them held out for as
sault in the third degree. The other
eight were for acquittal, but they were
in doubt as to whether eight jurors
could sign a verdict and finally, after
midnight, called on Judge Speer for in
structions on that point, and when
they were told that eight of their num-
Der could return verdict Of assault in
the third degree or acquit on that
count they Immediately returned a YER
dict of not guilty, and Sullivan was dis
charged.
When the trial was resumed this
morning John Hogan testified for the
prosecution that he was -vorkin; on
the 1000 of the Green Mountati1 on
the day Sullivan quit work. He heard
some words between Sullivan and
O'Meara and heard the former say:
You don't know who L am" and
O'Meara replied. II don't care a = who
you are" whereupon Sullivan said:
When 1 meet you you'll remember
me-"
/. j. Hamblin. the next witness, was
a wonder. He testified that last Octo-
Der, about the time of the assault, he
lived at the court house.
What part of the court house?"
I'm jail"
He said that after Sullivan had been
in jail while he was released on bail,
but came back again in few days and
told Hamblin that he was sorry he had
not killed O'Meara, as he had gone to
Mr.. Jonas, one of the bondsmen, and
got him to withdraw from the bond by
telling him that he, Sullivan, was about
to leave the country.
lis your name Jones, Jackson or
Hamblin?" asked Mr.. Brooks on cross
examination.
MY name is Ira Jackson Hamblin."
How many times have you been in
the county tail?"
About three times, / guess"
Under the same name each timer"
mo; under a different name"
Were you not in Jail four different
times?"
well, perhaps / was; 1 am not sure"
Are you sure ii wasn't five times?"
Il don't think so; but 1 may have
been"
How often have you been in the pen
itentiary?"
"One time only; was in for forgery
and was pardoned."
What is your business?"
II am barber, but am working in a
mine now"
What mine?"
Green Mountain"
Same mine where william O'Meara
is a shift boss?"
Yes"
Didn't you say to Eugene Sullivan
in Jail that you knew he was innocent
and that If he gave you $40 you would
get witnesses to swear O'Mearas life
away?"
mo, sir"
What did you say about getting wit
nesses for him."
Il don't remember talking about any
thing of the kind"
Didn't you go to Mrs. Sullivan's
boarding house, where Sullivan was
stopping, and ask Mrs. Sullivan for him
and didn't you say you knew he was
innocent, and you would get several
witnesses to prove it?"
Il don't remember saying anything
like it,"
Didn't you ask her for money!"
81 did
Did you get it?"
IT did not"
Did you call again afterwards and
ask for Mr.. Sullivan"
IT did"
Did you leave a note there for Sui
Ivan signed DAM"
Il don't remember that 1 did"
Edward Dunn testified that he was
passing near the scene of the attempted
murder and saw two men run from the
direction of Sullivan's boarding house
toward the railroad cut where the af-
fray occurrerd. AS he approached the
cut he heard a scuffiing and then two
shots. A few moments later he saw
two men run back toward the boarding
house and O'Meara and Powers came
out of the cut. and he asked them IL
anyone was shot. Powers said no.
O'Meara was holding his head and lean
ing on Powers arm.
of its case and Mr.. Brooks made an
opening statement to the jury in behalf
of the defense and said il would be
shown beyond a shadow of doubt that
Sullivan was at home in bed at the
time of the assault on O'Meara, and
that he knew nothing about the af-
fair until he was arrested for IT, He
said il would also be shown that the
fellow Hamblin made a proposition to
Sullivan TO secure witnesses TO clear
him for SO and that the proposition
was rejected. 1t would also be shown.
he said. that Powers. the man who was
with O'Meara at the time of the as
sault. had stated that he could not rec
ognize the assailant
Dan Shea was the first witness for
the defense and testified that on the
evening Of Sept. 20. the night before the
assault. he was walking about town
with Sullivan. and they went home
about II o'clock and went 10 bed at Sui
liVan's boarding house. They occupied