The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-13
YOUNG THIEVES co FREE
Gang of Tough Kids Who Swips
Everything Swipeable.
THEY GO DOWN CELLAR
Pigeons, Beer. Wine and Veracity Disap
pear-Laurandeau THINKS They're Too
Young to Send Up for Burglary.
So He Dismisses Them.

A crowd of bad boys escaped punish
ment for petty thievery yesterday in
Justice Laurandeau's court. mainly
through sympathy extended to the
mother of one of them, who is a
ty charge. They were Hugh Downey.
George Waterman, George Merrigan
and Theodore Vadnais, four of the five
boys arrested some days ago and pro-
ceeded against on a charge OF burglary
for breaking into the house of G. w.
Morgan at 21S South Washington on
the 7th of the month, and stealing from
the cellar a lot of pigeons and some
beer and wine. The fifth boy, Robert
McNeiss, who had been arrested and
taken to the county Jail with the rest,
was not in court, having secured his re-
lease in some manner which no one was
able to explain.
The case came up in the afternoon on
preliminary hearing before Justice Lau-
randeau, and the guilt of the defend
ants was conclusively proved as having
committed an offense of some kind, but
the court did not consider the charge
of burglary had been proven and, after
stating he was opposed to giving boys
a Jail sentence, believing it did more
harm than good. dismissed the case for
this time, warning the boys not to Of
fend again.
All the boys were under the & of
Is. Chief Deputy Prosecuting Attorney
Connolly appeared for the state and
Judge Holland for the Merrigan boy.
The other defendants had no counsel
Mary Byrne, a little girl living next
door to the Morgan house, was the first
witness. Sh said she saw the Merri-
gan boy go to the Morgan house and
4 VNNll nf n N nrA GO ~ fhA Ill -
All the time he was taking the board
off he was talking to some mythical
person and saying he knew the pigeons
were a nuisance and he would take
them all away. There was no one in the
house a. the time.
Frank Byrne, a brother of the pre-
eding witness, saw all the defendants
around the Morgan house shooting pig
cons, but did not see them steal any.
Jerry Murphy, city detective. testified
to arresting the defendants. The Mer-
rigan boy had told the witness that
Hugh Downey n Theodore Vadnais
stole some beer and wine from the Nor
gan house.
Hugh Downey. one of the defendants,
said he met George Waterman and
Theodore Vadnais on the street. They
said they knew where they could get
some beer. They went to the Morgan
house and the other boys went in and
came out with seven bottles of beer.
They went down on Colorado street and
drank it. Witness knew nothing about
stealing any pigeons.
Mary Byrne was recalled and stated
h heard one of the ~fendan the
Merrigan boy. talking to a supposed
person inside the Morgan house and say
he had come back to take the rest of
the pigeons. A sister of the witness
told the boy no one was at home. and
he told her to shut up or he would slap
her. Witness then saw the boy go
down under the house, but did not see
him take the pigeons away.
The state rested. with understanding
permission would be granted to put on
the complaining witness when he ar
rived, he being absent, and the defense
opened by calling the Merrigan boy to
the stand. He admitted getting two
pigeons, which he shot with a clipper"
He denied pulling a board off the Nor
gan house and going in, but admitted he
went to the house to steal pigeons, but
did not take any, fearing he would be
caught.
what were you doing when arrest
ed?" asked the boys attorney.
Saving off a flipper handle and eat
ing watermelon" was the reply.
Cross-examined by Mr.. Connolly, the
boy was asked what he did. He said
he carried water for his mother in the
4 nv lAlA6 oiAu AiNh "Nbl oul " lOoh ~
work. If he did not get work he played
with the other boys. Questioned further
he admitted going to Morgan's house
and stealing one pigeon, but il got away
from him. He admitted shooting pig
con with a %''fipper'' and taking them
home, and after doctoring them up and
keeping them in a coop for a time, they
would stay at his place. The boy de-
MED talking to any mythical person or
having had anything to 10 with steal
ing the case of beer. He said he had
been told about 1t by the Downey boy.
He had never been arrested before. On
redirect examination the boy was ques-
toned concerning his having gone un-
der the Morgan house, and he said he
and two of the other boys did go under
the house on one occasion and each got
a pigeon. They all got away, however.
You mean you turned them loose?"
said witness attorney.
mo, they got away" replied the boy.
Mrs. Lizzie Merrigan, mother CT the
preceding witness. was called and said
the boy brought home two pigeons on
one occasion. and she asked him where
he them. He old her ge got the
from a lady, INC she told him to taxi
them back. He usually remained in
the evening and had never been in
trouble before.
George Waterman, another of the de-
PENDANTS, took the stand and said he
knew nothing about the robbery ex-
cept he was going past the house one
evening and saw the Merrigan boy
come put with a sack. He denied Dow
ney's statement that he stole the beer.