The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-19
4 DESPERATE DEFENSE
Coughlin Is Fighting Every Inch
of the Ground.
C0NTESTING EVERY POINT
He Has Strong Array of Legal Talent.
Yesterdays Trial Was a Long
Series of Objections, Motions
and Arguments

desperate effort is being made in
| the defense of John w. Coughlin, on
trial in Judge Clancy's court for en-
bezzling funds from the Anaconda
/ company. He has a strong array OF
legal talent, including the Lachrymose
Lamb, who are taking advantage OF
every possible point, and yesterday $
trial was one long series of objections,
motions and arguments.
/ When court convened yesterday
morning the defendant, who appeared
by four attorneys, made an objection
to Mr.. Connolly being assisted in the
/ prosecution by j. b. Welcome and EN-
/ NETT Callahan as associate counsel.
/ The defendants attorneys asked for an
order requiring the two special attor-
neyS to show the authority by which
they appear Judge Clancy said he be-
| lieved the law requiring such a show
ing from special attorneys was intend
ed to apply to civil cases and to guard
against volunteer lawyers who often
appear without authority from any
CHE. Mr.. Connolly made a statement
that Welcome and Callahan appeared
at his request, and also said that
County Attorney Stapleton was sick in
bed and would be confined for some
days. Coughlin's attorneys would not
d11Cpl lHC StdtiiileIt VI MI. AoIllibllS,
and he had to be sworn and repeated
it under oath. The court then over
ruled the objection To the special coun-
sci and one of the defendants attcr-
neys then presented another motion to
exclude from the case Attorneys Well
come and Callahan on the grouni that
they We're not members IF the comfy
attorneys office ana were not public
prosecutors appointed by the court, but
alleging that they appeared for the
purpose of subscribing private interests
and not for the public god. several
court decisions We're READ in support
OF the motion, the courts cited holding
that it was contrary 10 public policy
TO allow attorneys representing private
parties to appear for the prosecution
in criminal cases, because it was pre-
Sumed that they were biased and would
influence the county attorney. Mr..
Connolly, in reply, cited authorities that
held special attorneys were proper
where they We're appointed at the re-
quest of the county attorney end at the
discretion of the court. Judge Clancy
said the question was an old one with
him, and he was familiar with tn. laws
quoted by the defendants attorneys
He said they were made in states, from
Which they come for very good rea-
sons. onesof which was to prevent any
lawyer or outside party from inausu-
rating a criminal prosecution Anoth-
er reason WAS to avoid unnecessary eX-
pense to the taxpayers, and the court
referred to the recent Francy ease
where a special prosecutor WAS re-
tanned and dragged the trial to a great
and unnecessary length and to great
and useless expense to The county. The
court said the county attorney often
recognized that he had no case against
a defendant, SO for the purpose of
shifting the responsibility onto the
shoulders of another lawyer and to
b1AF fi1n QUO ord m All szft 4 hg
good people, and the better ele-
ment' of the community. The Judge
said, however that this case was diff
ferent, and if Mr. Connolly would
make the request he would make a for
NAL appointment OF Messrs. Welcome
court also suggested that the law re-
quired all motions to be made on a
fiye-days' notice. which had not been
done in this case, and it appeared to
him like sharp practice ON the part of
the defense and like an effort to take
advantage Of the county attorneys Of
flee by .sspringing" the point - this
time. the court recognized the fact
that Mr.. Connolly was alone and that
the county attorneys Office had had a
great deal of work lately. Mr.. Cot
ter then wanted To have Mr.. Connolly
sworn and to be examined as TO wheth-
er or not he was representing a bond
company. Mr. Welcome declined to
be sworn, and the court sustained him.
saying that Mr.. Welcome and Mr..
Callahan We're appointed by the court
and We're representing it. The techni-
cal objections of the defense having
been disposed Of the jury was brought
into the court room, and MIR. Connolly
made the opening statement of the
case and what the state expected 10
prove He said the defendant was en-
ployed by the Anaconda company in
the capacity of Il cashier, and he drew
checks for the company, the checks be-
ing signed by himself as cashier. About
the I'D of October he went To the store
of Pat Mullins in Centervilie and made
a request of Mr.. Dwyer for 500 on a
check made to the order of Pat Null
Inns & Co. Dwyef got the money and
gave it to Goughlin on the check
There was no stub filled out for the
check. The check itself was by Pat
Mullins & Co. deposited with the First
National bank, and by the latter sent
TO Hoge, Brownlee & Co, where an ex-
act copy of it was made and the ofigi-
nal sent back to the Anaconda office.
where a search was made for il the
next day. and it was round to have
been destroyed. The check had been
numbered 9S77. Nowhere was there
any record of the check or the money
received on it. The stub showed that
the check had been made out to the
order of DIR. Mcdonald for 81, and the
numbered 9s77Ia. the half number hay
ing been put on TO deceive the bank
people, and so that it might afterward
be erased and prevent detection. The
regularly numbered check was for $500,
which Coughlin received and never ac-
counted for.
Attorney Kirk for the defense asked
the enforcement of the rule for the ex-
elnsion of witnesses from the court
room during the trial, but the court
refused to grant the request. saving
IL was a matter within the discretion of
the court and he did not believe the
necessity for 1t existed.
The first witness called was A. H.
Melin5 auditor of the Anaconda COM
pany, who was questioned as 10 the
corporate existence of the company
Mr.. Cotter objected on the ground that
the corporate capacity had not been
SET out in the information. The objec-
ton was argued by Cotter and Well
come and was 0Serruied by The rourt