The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-03
TRIAL OF SULLIVAN
The Man Who Is Accused Of Assault
|. ing Foreman 0'keara.
TROUBLE WITH A MINE BOSS
Objection Raised by the Defense
to the Form of the Complaint.
Which Is Overruled-Con-
tinued to To-Day.

charge of committing a murderous as
sault on william O'Meara, shift boss
at the Green Mountain, Sept 81. 1895,
was commenced in Judge Speer's court
yesterday before a jury composed of
Jacob H. Beck, A. A Erhart, Isaac
Bechtel, F. p. Beebe, ]. B. Henry, Ira
Skidmore. Widen Pinkham, William
Curtis, Joseph G.. Hoar, William Berry
man, Ephraim Beer and Thomas
Boyce The prosecution was conducted
by George Haldorn and Deputy Coun-
ty Attorney Mattison and the defense
by Miles ]. Cavanaugh and Francis
Brooks. In his opening statement to
the jury Mr.. Haldorn said the evidence
would show that Sullivan had been
working in the Green Mountain and
did not do his work satisfactorily.
O'Meara spoke to him about it and
Sullivan got very angry and said he
would go to the surface and made
threat against O'Meara. About 4:30
o'clock OMeara, in company with
miner named William Powers started
for his home on North Montana street.
When they reached a point on the rail-
road track two men jumped out OF
cut and assaulted O'Meara One Of the
men struck him over the head several
times with a heavy iron bar. OMeara
recognized the man as Sullivan. The
other man fired several shots and the
two then ran away and Sullivan was
seen running toward his boarding
house After his arrest he said he was
id sorry he not kill the - -.
O'Meara was struck to the ground by
the force of the blows and several long
gashes were cut in his head. He stag
gered toward home and met friend
who assisted him.
William OMeara was the first wit
ness called to the stand, but before he
could give any testimony Mr.. Cava-
naugh entered an objection to the in
PRODUCTION of any testimony under the
information on the ground that the
court had no Jurisdiction because the
| information did not comply with the
provisions of the constitution which
require all prosecutions to be conduct
ed in the name of and in behalf of
! the state of Montana. The title of the
| case alone mentioned the state of Mon
| tana and Mr.. Cavanaugh argued that
| the body of the information should
| state that the prosecution is made in
/ the name of the state of Montana in
stead of say, as it does, that the de-
PENDANT lis accused by Melvin l..
Wines, the county attorney in and for
the county of Silver Bow" The OBJ
lection was argued for several hours
and numerous authorities and decis-
| ions were cited. Judge Speer said he
was not fully satisfied on the matter,
but for the purposes of this case he
would override the objection, and said
the question would some time or other
| have to be taken to the supreme cour,
| for decision.
Dr. Bernheim was then called to the
witness stand and testified as to the
character of the wounds on O'Meara's
| head. The doctor was called to attend
the wounded man at his home about
| ,4r,er of ant IL
had two ugly wounds on his head and
was suffering from great loss of blood.
| One cut on the top and back of the
head was from five TO six inches long
and the other on the fore part of the
head was two or three inches long. The
wounds had the appearance of having
| been made with a piece of iron with
sharp edges to it. O'Meara was able
to go to work again by Oct. 5.
| O'Meara testified that the only
trouble he had with Sullivan prior to
the assault was when he spoke to him
in the mine about his work. Sullivan
| replied that If he did not like il he
knew what he could do and then went
on top. He asked O'Meara to go with
him, saying he would show him what
he could do. They had some more
words and Sullivan said: Probably
you don't know who / am" O'Meara
replied that he didn't care. Sullivan
| went on WOp anu uilttl was the last seen
of him until he waylaid O'Meara in the
railroad cut. Just as O'Meara and
| Powers entered the railroad cut the
former received blow on the back OF
the head and that was followed by an
other on top of the head, which brought
him to his knees. O'Meara grappled
with his assailant and recognized Sui
livan. Just then the second man. who
was standing on the bank fired several
shots with a revolver and by the flash
O'Meara fully identified both men. who
then ran away toward the south in the
direction of Sullivan's boarding house
and OMeara and Powers proceeded or
towards home. O'Meara said he
thought the weapon with which ht
was struck was either a three-quarters
piece of iron or a gas pipe. The man
who fired the revolver was tall, slim
smooth-face man.
Have you seen him SINGER" asked
Mr.. Haldorn.
Yes; / could lay my hands on him.
as II not a usual thing for you L
have trouble with the men at tn,
mines?" asked Mr.. Brooks. on cross
examination.
Mr.. Haldorn objected and Mr.. Brooks
said he wanted to show that IL was &
daily occurrence for OMeara to hav,
trouble of that kind.
The court, however sustained the OBJ
lection and after a brief cross-exami
nation the witness was excused ant
| William Powers called to the stand
| Powers was with O'Meara at the tim
of the assault and said he saw Sulli
van come up behind O'Meara and Civ
him a push and then strike him owe
the head with a club which staggere'
| him. Sullivan followed IL up with an
I other blow which felled O'Meara to IN
! ground. Powers had known Sullivan
for some time and said he was no
mistaken as to the identity Of the man
John Whalen testified that he hear
Sullivan make threats against O'Mear
| four days before the assault.
On request Of the prosecution, tn
names OF William Hogan and /. j. Han
bly, were endorsed on the informatio
as additional witnesses. and they wi