The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-21
SOME ONE IS WRONG
There Is a Hard Story Out Against
Rarney Bohan.
BUT 1T CANNOT BE PROVED
Ii Is Said That He Has Treated His
Adopted Girl Dishonorably- he
Judge SympathIzes With
the Foster Parent.
BUT 1T CANNOT BE PROVED

testimony against any man." said Judge
Speer last evening after listening to some
of the evidence in the Bohan habeas
corpus case. IF this man is guilty of
what this little girl says hanging is too
good for him."
Bohan then went on the stand and
made a general denial. II never laid my
hands on the little girl" he said.
Il don't believe you did," said the
Judge.
The case came up on the application Of
Louise Jenkinson for a writ of habeas
corpus for her 9-year-old daughter. Edna
who is under adoption of Barney and
Catherine Bohan. Mrs. Jenkinson is bet
ter known as Lulu Allen, a fair, frail
creature, who recently completed a year
in the penitentiary, where she had been
sent for rolling" a man. A little while
before the expiration of her term the
Bohans, who conduct a boarding house
near South Butte, adopted the little girl.
About a week ago the girls mother be-
gan habeas corpus proceedings for the
child, and in her petition charged that
Bohan was in the habit of taking vile
and indecent liberties with the child.
When the matter was called at o'clock
last evening, Francis Brooks, attorney
for Bohan, filed a motion to quash the
writ on the ground the petition was not
sufficient to warrant the court in issuing
the writ, as IL failed to show that the
childs confinement or restraint was lille
gal and that IL alleged no fact from
which conclusion could be drawn that
the confinement was illegal.
Attorney McLernan, who, with ]. r.
Grice, appeared for the petitioner, said
that they could prove that Bohan was
not proper person to have control of
the child. 1t was a matter that appealed
entirely to the discretion of the court. He
g. h. -&A 2AI 4A@N H.
ask that the child be given her, but that
ii be taken from the Bohans and be given
to some good family. The court decided
to hear the testimony and a little girl
named Carrie Peasnall testified that she
had boarded with the Bohans for about
a week during the past winter and that
after she had been there about five days
Bohan took her to an old vacant house
and tried to lay her on bed. She resist
ed and he let her go. She further said
that frequently at other times he had
taken indecent liberties with her. The
girl, Edna, was living at the Bohan house
at the same time. The Peasnall girl was
also Q years old. She did not tell her
mother about the affair but informed an
other little girl and through her Mrs.
Peasnall heard of it. The latter, who is a
performer at the Casino, testified that
when she heard of 1t she at once went
to her little girl and she told her all
about ii. When asked why she did not
tell it before she replied that she was
afraid of getting whipped. Mrs. Peasnall
said she believed her little girl because
she had never caught her in a falsehood.
The little girl, Edna, was next called
to the witness stand and the first ques-
ton asked her was as to the alleged lib
critics taken with her. She fatty denied
that Bohan ever did anything of the kind
and Mr.. Grice asked her If she had not
N11A l.
laid hands on her. Bohan was sitting
across the table from the little girl and
she seemed to be afraid of him and Mr.
McLernan asked that she take a back
seat, which she did. The girl then adj
ted that he had taken some liberties with
her and began to cry. Nothing more
could be gotten from her and Judge
Speer took her into his room with Attor-
ney Brooks and the child's mother and
there questioned her. 1t was on their re-
turn to the court room that the Judge
said he did not want to believe any such
testimony against any man, and that IL
true hanging was too good for him.
Bohan was next called on for his story
and he said he had always treated the
little girl as he would his own child and
he denied that he had ever taken any lib
critics, either with the Peasnall girl or
with little Edna. The court asked him
how he accounted for the stories the
girls told. and he said he thought they
were made against him because he had
tried to collect some board money for
the Peasnall girl. 81 never laid my
hands on their bare bodies" he said.
II don't believe you did," said the
court with a satisfied exclamation
Bohan said he had never even so much
as spanked the little girl, and he denied
that he had told Attorney Grice yester-
day morning that he had spanked her.
Mrs. Clemenceau and Mrs. Ross, who
had worked at the Bohan boarding house.
gave some Irish testimony that they
had never seen Bohan i'll treat the two
girls nor take indecent liberties with
them.
How did they get up this story?" ask
ed the judge of Mrs. Ross.
Indeed, 1 don't know" she said.
Mr.. Grice testified in rebuttal that Bo-
han had told him yesterday morning that
he had spanked the little girl. He also
said that the Peasnall girls stepfather
had told him that Bohan's friends were
trying to induce him to take the girl out
of the country so that she could not tes-
tify. Mr.. Grice further said that they had
a subpoena out for another little girl
named Nora Hanson. but that she was
spirited away and sent to Hecla yester-
day.
Lulu Allen testified that a few DAYS af-
ter she got out of the penitentiary b.
hams daughter came to her and told her
she could have the child IL she paid half
of what she owed She also said they had
adopted her only for the purpose of pro-
tecting themselves.
At the conclusion of the testimony Mr.
Grice wanted to argue the case but the
judge did not want to hear any. and said
he would take the matter under advise
ment until Wednesday morning Mr.
Grice insisted that he would like to be
heard and the court said that II would
give him an opportunity TO talk before a
decision was rendered. Mr.. Grice then
asked that the little girl be given into the
care of the sheriff or some other good
person pending a decision of the court
but the judge also declined to do that and
allowed her TO go with Bohan.