The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-11
THEY WERE ALL DRUNK
The Suit of Clothes Was Not
Stolen With Criminal Intent.
A PRELIMINARY HEARING
Thomas Kennedy and Jack Harris Dis
charged From Custody by Justice
of the Peace Laurandeau.
The Evidence,

Thomas Kennedy. or kempson. and
Jack Harris. the two men arrested last
Friday for burglary for the alleged
theft of a suit of clothes from a room in
Symons' boarding house in Dublin
gulch. had preliminary hearing before
Justice of the Peace Laurandeau yes
terday afternoon. resulting in the dis
charge of the defendants. Last Fri
day morning James hampshire an en-
ploye at Symons' boarding house, saw
Harris and Kempson carrying a suit OF
clothes out of the house. He followed
and saw them take the clothes to
pawnshop and pawn them under the
name of Monahan. lie reported the mat
ter and the men Were arrested while
hiring rig at livery stable, as ii was
supposed. to leave town. They were
sent to the county Jail and charged
with burglary. AT the hearing, ii de-
veloped that the defendants, the COM
planning witness, Donovan, and others
We're on a big drunk and from the cir
cumstances 1t was difficult to determine
whether a crime had been Intentionally
committed or not.
At the opening of the hearing Mike
Donovan. the owner of the suit of
clothes, testified that he lived at
Symons' boarding house in Dublin gulch
and that on the date mentioned in the
complaint, March T. a suit of clothes
was stolen from his room. The clothes
We're taken some time during the night
or morning while the witness was
asleep. The suit, which had been re-
covered, was shown the witness, who
identified them. On cross examination
the witness said he went to bed on the
night of the Sd about s o'clock. The
clothes We're hanging up in the room at
that time and We're gone the next
morning. The witness stated that he
became intoxicated the next morning.
Asked If he remembered wrapping up
the clothes and taking them TO saloon
TO pawn them, he said he did not re-
member doing SO, and he did not give
them to Kennedy TO pawn. On redirect
examination the witness said he was not
SO drunk as not to know what events
TRANSFERRED.
Louis Rosenstein testified that the de-
PENDANTS pawned the suit of clothes at a
pawnshop run by him. He issued the
pawn ticket in the name of Kennedy,
he believed.
James hampshire. a boarder at
Symons' boarding house, testified that
about $3.50 o'clock the morning of the
4th he saw the defendants carrying a
suit of clothes away and followed them
to the American loan office and saw the
clothes pawned. He notified Donovan
recover the clothes.
Police officer John j. Barry told of
having the theft of the clothes reported
TO him and of arresting the defendants
at Marlowe's livery stable as they were
hiring a rig.
Matt Gat4ney was called when the de-
Tense opened. He testified that he was
in Kennedy's room at the boarding
house the morning of the 4th. A num-
Der, including Donovan and Kennedy,
We're drinking, and when the liquor ran
out Donovan tried to stand OIL" Sa-
loonkeeper Ryan for more, but the sa-
refused him, and Donovan
went to his room and got a suit of
clothes and brought them in, and throw
ing them on the bed, told him TO go and
soak" them. Donovan, he said, was
very drunk and Kennedy and Harris
were pretty well shot" Cavanaugh (
and the witness were strictly sober. /
The witness heard talk of getting q rig /
and driving TO some resort.
John Ryan, a saloonkeeper in Dublin /
gulch, testified that one morning. he /
could not state when, Donovan brought /
in bundle and asked If 1t was good for I
a pail of beer, and he refused to let him
have it. Kennedy subsequently came
back and paid for a pail of beer. The T
witness could not state whether or not T
the suit of clothes in question was what T
was in the bundle. On croSS-eXamina- /
ton the witness said Donovan had pre-
viously tried to pawn a parcel for
drinks, but he could not fix the dates.
The defendant Kennedy took the I
stand and testified that the evening of I
the Sd he and Thomas Cavanaugh came I
off shift together and CaVanaugh asked +
him to go and get bottle of whiskey
and he did so, He, Cavanaugh. Dono-
van and Harris were in the witness
-oom together and they drank the
and sent for more a couple of
lines. When the whiskey was gone
Donovan volunteered to go after beer
md went and got suit of clothes and
some one wrapped them up and Dono-
van went out to pawn them for beer
lie came back and said the saloonkeeper
would not take them. Subsequently !
Donovan told the witness to take the
,lothes and pawn them. which he did.
lame of Donovan. but supposed he
made mistake and gave the name Of
Nonohan. The witness had been in
Oonovan's room the night OF the Sd.
On cr0ss-examinat ton the witness said +
lis name was Thomas Eempson. and
when asked why he gave the name of
Kennedy said he did so because he had
friends in the city whom he did not
are TO have know Of the scrape
The case was submitted and the de-
endants were discharged
The hearing of r. II. Cross. accused of
I linz hot during Jan1a