The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-20
NOT A GAMBLING HE'LL
The White Metal Receives Glor-
ious Coat of Whitewash.
O'CONNOR CASHED IN
But Patrick NJ. Kelly and j. NJ. Eagan
Are Acquitted by Jury of Their
Peers of the Charge of Main
tanning a Ravenous Tiger.

at 10 East Park street, where Red
O'Connor was murdered the morning
of the 18th by Bob Shadwell were ac-
quilted yesterday of a charge of vio-
lation of the anti-gambling act The
defendants are propritetors of the sa-
loon mentioned, the rear room of which
was run as a poker room by O'Connor,
who was murdered. The complaint al
reged that the defendants violated the
anti gambling law, by knowingly per-
hitting a game of stud poker to be
played on premises rented by them. 1t
was shown in the evidence that the
defendants rented the place and that
game of poker was played there. The
defendants both testified that they
knew nothing about the game. One
witness testified to seeing the checks
used in the poker game, also used to
pay for drinks that We're served at the
table, and another witness testified that
he had spoken to Kek, ana told him
there was likely to be trouble over the
game in the back room, and Kelly had
replied that the game should be closed.
| The case was heard before Justice
| Trap, beginning at O'Clock in the
| afternoon. The state was represented
| by Chief Deputy County Attorney G.
| p. Connolly, assisted by Deputy DGray
Stivers, and Attorney j. +. Healy APP
peared for the defendants. The de-
Tense demanded a jury, which was
cured with little difficulty. 1t was COM
! posed of the following named: q. FitZ-
gibbons, M. Donovan, Joseph Lally,
James McMurphy, Edward Lynch and
/ Edward Carroll.
William McCauley, the first witness,
testified that he was in the White
/ Metal saloon, in the rear room,
which is only separated from the sa-
loon by double doors, on the morning of
| the murder of Martin O'Connor by Bob
| Shadwel. Four men were playing
stud poker at the time They were us
| ing checks. and witness saw no money
except once. when O'Connor handed $36
| to his partner and told him to give it
to Shadwell. The witness was familiar
with the game OF stud poker and knew
| the game in progress to be stud poker.
| The checks used were the regulation
checks used in gambling. Witness had
been in the room prior to the Gate of
the complaint, and had also seen
gambling in progress at that time. The
witness did not see any checks sold to
| the players. but saw drinks purchased
with the checks used in the poker
game.
On cross examination Mr. Healy en-
deayored to draw out of the witness a
confession that he had been coerced
| into testifying by the state but failed
William Hardcastle, deputy coroner
testified relative to Kelly's testimony
| given at the coroner's inquest over the
body of OConnor. in which Kelly
stated that he was proprietor of the
White Metal saloon at 10 East Park
! street. where the fatal poker game was
played Kelly testified that he rented
the place from Colonel Horst.
Joseph Clancy was in the poker room
in the rear of the White Metal saloon
the morning of the nth He saw the
poker game in progress, also a game of
! coon-can. and saw checks used in bet
! ting in the poker game The poker
room was only separa- ed from the sa-
! loon by a thin partition and door The
| door was free for anyone to pass
through who desired. There was no
other mode of entrance or exit than
| through the saloon. Witness had
spoken to Kelly, who was tending bar
at the time, and who told him there
was likely to be a shooting serape over
the poker game.
Henry Hackman testified to the
same facts as the previous witnesses.
adding tina, the first he saw of any
money in the game was near the close,
| when O'Connor, who had been drink
ing, handed the witness some money,
between $36 and $40 and told him to
| give II to Shadwell when he came
back. Witness. took the money and laid
it on the table and left it, as he had
nothing to do with the game. When
witness took the money, O'Connor took
1 ShadWelfS checks.
John Connors made a laugh by hold
ing up an empty sleeve when called
upon to be sworn. His testimony was
merely in confederation of the previous
| witnesses.
The witness McCauley was recalled
! and asked to relate the circumstances
of the trouble between Shadwel and
! O'COnnor. He said O'Connor caught
! Shadwell cheating and told him he
| would take chair to him if he caught
| him again. He also saw the money
| handed to Hackman to give to Shad-
| we'll
Mr.. Connolly read a stipulation of the
| testimony Colonel Horst would give,
who was detained by urgent business.
1t was to the effect that one or the
| other of the defendants, the thought
Eagan, paid the rent for the building
at 10 East Park street, for January.
$685. that he has rented the place to
these defendants for two or three
months, and had gone to the saloon for
the rent after a party named Farlan
had sold out to defendants and either
Kelly or Eagan had informed Colonel
Horst that the receipt was to be made
out TO Kelly & Eagan. For the first
two or three months the receipt was
made out to Farlan. but merely because
Colonel Horst had neglected to change
the name on his books.
The state closed and the defendant
| Kelly took the stand. when the de-
Tense opened. He merely stated that
he knew nothing of the game of poker
in progress, and had not cashed any
| checks.
on cross-examination Kelly was
/ asked TO explain the statement of the
witness Clancy that he had spoken &c
Kelly that trouble was likely 10 ensue
over the game in the back room. The
| witness stated that Clancy had made
some such a remark. but that il had
| no reference to the kind of game in
! progress. The witness said he did not