The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-11
MG|vERN BOUND OVER
The Alleged Accessory" Held to
the District Court.
HIS JAIL FIXED AT $500
He II the Man Accused of Harborine
and Concealing Ed Clark. the Sus-
pected Pal OF Joe Sullivan in
theG angner Hold-Up.

court yesterday on the charge of being
"an accessory and was bound over to
answer to the district court in the sum
OF $500 bonds. McGivern was arrested
In Butte on Nov. 30. On Dec. 1 he was
arraigned in court for pleading. He
pleaded not guilty and his examination
came up yesterday. The offense of
which McGivern is accused is that of
harboring and c~oncealing Ed Clark, the
pal Of Joe Sullivan, in the Gangner
hold-up. In which Joe Gangner was
shot by Sullivan. The latter is now
serving a sentence of nine years in the
penitentiary for the crime.
John w. Black was the principal wit
ness for the state. He testified that for
some time he had been considerably an
noyed by Clark's relatives with refer
ence to a watch belonging to Ed Clark.
which he obtained possession of by
lending Clark money on IL. He said
they threatened to prosecute him as be-
ing the prime mover in the connecting
of the plan for the hold-up. Black tes-
titled that during the decker about the
watch, he received a note from Ed
Clark. The note was handed him by
McGivern, and the latter was accom-
panied by James Clark. a brother of
Ed. The witness said the letter con-
tanned a threat hat Ed Clark would
surrender and lay all the blame for the
hold-up on him. the witness. n i'm
picate him In the transaction. After
wards, 30 the testimony went. Meow
ern told Black that he had dyed Ed
Clark's hair. had blackened his eye
brows and In other aspects disguised
him m that M on u.a.,I1
him. Furthermore. McGivern had told
him. said h witness. that Clark was
concealed In a cellar. under a house
which would never have been sus-
pected. The cellar. McGivern said, had
a side wall between the top of which
n the stills under the floor. there was
a space OF about two feet. and on the
opposite side of the wall was a vacant
space etween the wall and the ground.
where a man might hide. McGivern
told Black that all Clark needed was
two minutes warning and he would
defy any officer to find him. One even
ing. the witness continued, McGivern
told him that Clark could get away,
u that he had no money. This con-
versation occurred in the Union beer
hall and the bartender heard 1t. Black.
who was all this time trying e find
out where Clark was hidden, agreed to
put up $50. He refused TO give the
to McGivern. but placed ii in
an envelope n addressed the envelope
to McGivern at Butte. where the latter
was to receive IL. II was the plan, so
McGivern had told the witness, to get
Clark out of town that night in a
buggy, to hide him in a certain cabin
about four miles this side of Butte, and
afterwards to ship him out of the coun-
try. 1t was for this purpose, so Nc
Givern had said. that he wanted the
none Black put the $50 in the en-
velope. in the presence Of McGivern
n the bartender, inc afterwards
dropped the letter in the mail box in
the presence of McGivern. The next
day, however, he went to the p~ostofice
n got IL out again.
1t transpired that McGivern did not
carry out the plan of which ne had
told Black. Instead Of going to Butte
n buggy, he got on the evening train.
headed for Butte. He did not buy a
ticket, but paid his fare on the train.
had been watched by the off,
GERS and when he got on one platform,
Sheriff-Elect Jack Conley and Assistant
Chief of Police O'Br'en got on the 9th
platform. When the train reached
McGivern was arrested. Prior
that time McGivern had been living
In Butte. and boarded with John =.
Clark, a brother of Ed. When McGiv-
ern came to Anaconda he boarded with
Mrs. Hoolihan, a sister of Clark. Mrs.
testified hat they had often
about Ed Clark's troubles.
The prosecution had subpoenaed Joe
Sullivan, the convicted hold-up, and he
was brought up from Deer Lodge. The
state put him on the stand for the pur-
pose of proving that Clark was a GRIM
Sullivan's testimony did not refer
to the part McGivern took i'm the affair.
Sullivan detailed the story of the PLAN
ming and consummation of the scheme
OF the hold-up; how the men sought
for guns and finally obtained them:
how Clark had instructed him in the
way IN which he was to carry out the
hold-up. and told of the attempt and
It's failure. He testified that Clark had
instructed him to go into the saloon
command the bartender to throw
up his hands. If he did not comply ne
was to shoot on one sid of him. to
show that he was in earnest. II he
IT'LL refused to hand over the money
Sullivan was to shoot on the other side
II him sullivan said hat IL was Clark
h had proposed to go into the saloon
hold IL up. Sullivan did not see
Clark after he ran way from the sa-
The defense was an attempt TO prove
hat the talk with Black had all been
/ hoax. They wanted to get the watch
IN oho ioi ia TDSt the -tltef |
been written. John r.. Clark of
testified that IL was he who had
the letter. and not Ed. Mr..
also testified that he had seen
ais brother Ed in the Casino at Butte
.hree or four days after the attempted
lold-up. He had advised him to go
Jack to Anaconda n give himself up.
sometimes Ed a he would do so, and
he said he would not. Mr..
Clark did not know where his brother
xent from Butte.
McGivern denied hat he had .old
Black that he a disguised Ed Clark.
,ut practically admitted that there had
ARRANGEMENTS made to get Ed out
" town in the buggy.
There were a large number OF wit
iesses n the testimony a. tines Dor
on the sensational. The hearing
asted nearly the entire day. and IT its
conclusion the attorneys made brief ar
,uments to the court. At s o'clock the
ordered that McGivern be bound
'ver to the district court in the sum OF