The Anaconda standard., 1896-04-16
TRIED FOR HOLD-UP
Henry Connolly, Frank Gafney and
George Smith Involved.
MIKE LEARY WAS WAYLAID
II All Happened Last January
When There Was So Much OF
his Kind OF Business Going
On-in the Jury Room.

Henry Connolly. Frank Gaffney and
George Smith were tried before a jury
in Judge Speer's court yesterday on
the charge of robbery, the complaining
witness being Mike Leary. The regular
panel was exhausted before jury was
obtained and a special venire had to
be issued, and the jury finally drawn
was composed of John l.. Carroll,
George Z. Sherman, Isaac Nadeau,
Dutton, Charles Pierce. Alfred Tippet.
Thomas Sturtridge. William McGuigan.
William Static and Martin Pishker.
George Haldorn defended the accused
and L. S. Booth conducted the prose-
cution. Leary, who was the first wit
ness. testified that on the night of
Feb. IL he was at the Hale house in
East Broadway and spent some time
in the bar room there Connolly, whom
he knew, and the other two defendants
were also there and Connolly threw
craps with a colored porter. Leary
had occasion to display some money
while he was there. About 1880 or 1
o'clock he left the Hale house to go
toward the main part of town. Con-
molly followed him so closely that
Leary did not have time to shut the
door between them as they left the
Hale house. Connolly's two partners
followed and the three kept some dis
ldbOC DtiilIlu ltdTy unlll lHty Cdluc W
the corner of Broadway and Arizona
streets, when Connolly stepped up to
Leary and struck him over the head
with something, cutting his scalp badly
and knocking him down. Leary said
he did not lose consciousness, but the
blow seemed to have paralyzed him.
for he could not move Connolly then
went through Leary's pockets and the
other two men, whom Leary recognized
as the defendants Gaffney and Smith,
stood by and watched the proceedings.
Leary said he was robbed of about s62.
including some $40 gold pieces. After
Connolly had searched the pockets, he
and his companions went away and
Leary soon recovered control of him
self and returned to the Hale house.
Jack Buchanan, an ex-policeman
from Anaconda, testified that he was
at the Hale house and saw Connolly,
Smith and Gaffney follow Mr.. Leary
out of the house. About 10 minutes
later Leary came back covered with
blood and Buchanan and another man
went out to search for the three men
who were suspected of having COM
mitted the assault. They met Connol-
ly and Gaffney coming down Main
street, between Granite and Broad
way. Buchanan stepped up behind
them and heard Connolly say some
thing about ''the idea of them being
all twenties," and Gaffney replied that
they would have to quit this" Bu-
chanan did not know to what they re-
ferred in his conversation, but he put
his hands on them and told them that
they were under arrest. Connolly re-
sisted and they exchanged some blows
and policeman finally took Connolly
and Smith to Jail.
John Walsh, bartender at the Hale
house, also testified that he saw, the
three men follow Leary out
Connolly, the first witness for the de-
fense, said he did not know Leary at
all and knew nothing about him being
assaulted and robbed, and had not
known when Leary left the Hale house
Connolly and Gaffney left the place
together and Smith did not accom-
pany them. They went direct from the
Hale house north TO their boarding
house in Dublin gulch, but when they
arrived there, they concluded they
would have another glass of beer, so
they came down again and after they
had their beer they thought they would
buck the tiger" little and they went
on their way to a gambling house
when they met Buchanan. Connolly
said Buchanan came up in front of
them and not from behind. He said
1.-The twenties" he was talking about
referred to the money they were going
to play faro with. He also said Bu-
chanan was an enemy of his, as they
had some trouble in Anaconda over an
election. After they were in Jail Smith
came down to see what they were ar
rested for and Buchanan, who was
there, said: There is another one of
them" and Smith was also locked up
Gaffney and Smith testified to about
the same state of facts as Connolly and
several other witnesses testified to as
to the previous good character of the
three men, who, they said, have always
been hard working young miners.
The case was submitted to the Jury
about half-past o'clock last evening
and at 1 O'Clock they had not vet
agreed and were locked up for the
night