The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-20
WAS AN AMUSING TRIAL
The Johnston-Malonsy Case Be
fore Judge Terrell.
MALONEY WAS ACQUITTED
Johnston Was Around Looking for Trou-
ble-He Found 1t Without Diff
Guilty and Got the
Worst of 1t.

A somewhat amusing trial took place
in the police court yesterday evening
when the case of assault in the third de-
gree against Richard Maloney came up
for hearing before Judge Terrell n a
jury. Maloney and William Johnston.
nefghbors in lower Placer street nearthe
Ophlr mine, had some difficulty. Johns
ton. claiming to be a representative of
organized labor. objected to Maloney's
manner Of building a house. and de-
clared he would prevent him from GO
ing ahead with 1t. There had been 9TH
er -neighborhood difficulties, and alto
gether they ripened till there was a
clash between Maloney and Johnston
of the ~latter's seeking. He got very
much the worst of it and to get even
had Maloney arrested. \ jury trial was
demanded which came up before Judge
Terrell at 3 o'clock. Deputy County
Attorney Connolly appeared for the
prosecution ana Attorney Marsh for the
defense. The evidence all went TO show
that Johnston went looking for trouble
and got what he was looking for, and
the Jury acquitted the defendant.
William Johnston, the complaining
witness. was first called. Asked If he
knew anything about having difficulty
with the defendant, he replied he knew
a little about it. lie said he had heard
Maloney had said he was going to lick
him and went 10 see Maloney about IL.
Maloney invited him down to the Ophir
dump, in the lower part OF town, TO
settle. Witness accepted the invitation
and on reaching the dump the witness
suddenly lost consciousness, and when
he came to saw Maloney with a couple
of rocks in his hands which he supposed
he had been hit with. on cross-exam-
ination the witness said he was a neigh
Dor of Maloney's and admitted they had
had trouble previous to the alleged as
sault. He could not remember whether
he struck Maloney or not, and he could
not state positively whether Maloney
struck him with a rock or moi, but sup
posed he had because when he recov-
cred his senses Maloney was on top of
him with the rocks in his hands.
Mrs. Mary A. Johnston, wife Of the
complaining witness, heard Maloney's
wife calling TO her husband to let
Johnston alone. She ran down and saw
Maloney on top of Johnston beating
him with a couple Of rocks. The wit
ness continued and created considerable
amusement with what she said: Il
was going To hit Dick Maloney with a
rock, but his wife pushed me over.
When Maloney got through with my
husband he was that weak he could
not stand UP and got up and went to
the house before he could walk"
Mr.. Marsh objected TO the witness go
ing on I'm his way.
Mr.. Connolly said he could see moth
ing 10 object to, and MIR. Marsh said he
thought it would be well to put a rough
lock on the witness to prevent her from
running away.
You'll put no rough lock on me, -"
said Mrs. Johnston. Il can hold my
SELF A laugh followed and Mrs. johns
ton continued volubly telling the story
of the neighborhood trouble.
The defendant took the stand n
said Johnston had accosted him n
said: Il see you are going to build"
Il said L guess / will He said. IN
bet you s. you don't ] said I've got
so and I'll double the bet He said
his is a pretty good time to settle that
other thing, and commenced squaring
off. The next thing / knew he hit me
and we mixed up"
The witness denied inviting Johnston
out to fight, but said Johnston had pre-
viously threatened to lick him. Wit
ness did not strike first and did not at
any time hit Johnston with a rock.
n. j. Nelson, a neighbor, saw the
trouble. The first he saw of IL Maloney
! a ibiliAllk lDNdih MIN ~ EpEdh " MIN
and Johnston was following. Maloney
paid no attention at first. but hen
Johnston made a pass Maloney pitched
in and Johnston got the worst OF IL.
Maloney did not strike Johnston with
a rock as far as the witness saw.
Witness heard Maloney ask Johnston
if he wanted to get up, and Johnston
replied. No, Dick; | did not holler."
Al Doehler was also present during
the fight. Johnston was the aEgTessoT
and struck the first blow, sort Of stag
gering Maloney.
Then the fight commenced and Johns
ton came out second best. The witness
did not see Maloney have any rocks in
his hands.
Mrs. ". J. Nelson saw the men come
together and heard Johnston propose
the fight.
1t TOOK the jury but a few minutes 10
reach a verdict Of acquittal.
Other trials heard by Judge Terrell
were those Of May DAILY, who was fined
S25 for street walking and an appeal
taken. Eva Colburn. against whom a
similar charge was filed. was dismissed
Ed Bush. who was fined so for assault
ing y. 5. Sweeney in a quarrel about q
woman. oscar Berger, who was ac-
cused Of violating the street and alley
ordinance, whose case was dismissed.
and John Roe. whose case Of assault
and battery was also dismissed. The
cases Of Sophie James. charged with
maintaining a house of prostitution. and
two cases Of disturbance against Victor
Bontine We're continued. In the ar
~raignments Tom Burton pleaded not
guilty 20 a charge of disturbance and
had his hearing set for next Tuesday
Henry Gravelle pleaded guilty to the
same charge and was fined so, John
Dwane was fined s. for drunkenness.