The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-26
THEY COULDN'T PROVE IT.
Hurley Was Charged With As
sault on Mrs. John Boland.
A FAMILY SQUABBLE ONLY
The Bartender Was Told That Boland
Was Numbering His Wife and He
Went to the Rescue-He
Was Discharged.

Two women made a desperate at
tempt in the police court yesterday to
convict Pat Hurley, bartender in an
East Park street saloon, of dastardly
assault but failed, and the proceedings
proved again the foolishness of an out
slider interfering in a family squabble.
On Tuesday Mrs. John Boland of 105
Oklahoma avenue complained to the
police that Hurley and two companions
had entered her home the night before,
representing themselves to be officers,
and said they wanted to search the
house. When she protested Hurley
dragged her into the street and brutal
ly assaulted her A complaint charg-
ing him with assault in the third de-
gree was issued and he was arrested.
Yesterday the case came to trial, and
it developed that Mrs. Boland had been
fighting with her husband, and Hurley
merely went to the house because he
heard the woman was being murdered
and that he committed no assault upon
her. He was discharged at the conclu-
sion of the hearing. The animus OF the
case was shown by the woman's con-
duct She repeatedly burst out and
talked TO the witness in an unbecoming
manner, and several times had to be
| threatened with fine.
Mrs. John Boland, the complaining
witness, testified that on the evening
of the 21St of the month her husbands
brother and his wife called upon her
at her home at los Oklahoma avenue.
Soon after they left, about 10 O'Clock,
she started to put her children to bed,
and having occasion to go to the kitch-
en- she found the defendant coming
through the kitchen toward her bed
room with a candle in his hand. She
lot, Il
he said he was going through the
house. He was accompanied by two
companions, and Hurley sand he was an
officer. She ordered them out of the
house and Hurley grabbed her and
| dragged her into the street and beat
and kicked her. He then started to
run, and when followed by herself and
her sister-in-law, he turned and fired
/ shot at them.
Mrs. Pat Boland saw the alleged as
sault, and with the prosecuting witness
\ followed Hurley and his companions,
I hoping TO call policeman, but the de-
\ PENDANT turned and fired a shot, and
/ she and the other woman turned and
I ran. She saw Hurley knock her sister
! in-aw down and kick her. She had
never known the defendant
Mrs. George Parker of 432 East Ga
( lena street was asked if Hurley had
stated to her that he blew out the can
die so Mrs. Boland would not know
/ him and replied that he had not.
Mrs. John Anderson was CALLED and
asked If she had not made the state
ment to Mrs. Boland that Mrs. Parker
had made the foregoing statement She
replied that she had not, and Mrs. John
Boand was recalled and stated that
Mrs Anderson had made such state
\ ment.
sherman Shafer, an employee of a sta
BILE in the vicinity of the assault told
( OF one of the women coming to the sta
Bile and asking that some one go for a
policeman. One of the men started, but
came back without finding any. Soon
after the defendant came by and went
! into the Boland house. where the wit
! ness could hear disturbance in prog
ress. Witness went to his room and
shortly afterward heard loud talk in
the street, and looking out saw the two
women in the street. He saw no as
sault committed.
The defense opened by calling the de-
PENDANT. He testified that at 1880 on
the night in question a man came to
| the Pine Tree saloon, where he works,
and said a man was numbering his
wife up the street. He went to the
| house with two companions, and went
! into the house, but finding nothing go
ing on, left. The prosecuting witness
3
/ said he was an Officer of the peace
! When he saw nothing desperate was
taking place in the house he left, and
was followed by the two women, who
grabbed him and began striking him
| in the face. He saw he had got mixed
up in family row, and, not wishing
to get further mixed up, he pushed
| them away and ran He did not strike
or kick the woman, and did not fire
| shot.
Dan MeMaster was one of the men
who went to the house when a man
came to the Pine Tree saloon and
yelled that a man was numbering his
wife. Witness did not go into the
house, but leaned against the door jamb
while Hurley went inside. Hurley
came out saying the man had been
beating his wife but he did not believe
she would have him arrested when the
officer came. He saw the women at
tack the defendant, and saw him push
them away and run. Hurley did not
strike either woman and did not fire a
shot.
Thomas Condor was passing the Bo-
land residence and heard a row inside.
Mrs. John Boland ran out and asked
him to go for an officer. He declined.
Subsequently a little boy ran out and
said, For Gods sake go for a police
man."
man in the crowd then ran for an Of
ficer. The defendant came in the crowd
which came in response to the mans
cries for help. Mr.. Hurley went into
the house and Mrs. Boland ordered him
out. She followed him out and threw a
board at him. He did not assault her.
Other witnesses testified to the same
effect, and at the conclusion of the TAX
ing of testimony Deputy County Attor-
neys Stivers submitted the case with
out argument, and the court dismissed
it. All through the proceedings the
prosecuting witness interrupted the
witnesses on the stand by accusing
them of not telling the truth and max
ing sarcastic remarks. until the court
was Obliged to order her to keep silent
under penalty of being fined.
Only one other case was heard by
Judge Terrell yesterday. That was
the case of Annie Baker, the white mis-