The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-03
ANACONDA NEWS.
OWEN O'NE|L ACQUITTED
Not Guilty of Disturbing the
Peace of Anaconda.
MANY WITNESSES CALLED
Case Was Resisted Vigorously-The De-
PENDANT Claimed the Arresting OF.
dcer Had Been the Only
One at Fault.
MANY WITNESSES CALLED


which lasted an hour and half, ex-
Street Commissioner Owen O'Neil was
acquitted last evening on the charge of
disturbing the peace by calling Police
Officer Gardener foul and obscene
nance in the public streets.
Jusfane of the Peace Devine tried the
case, .osNen objecting to trial by Police
Judge Kennedy because Of unfrendli-
ness (which had existed between these
latter $two. CITY Attorney Boarman
prosecuted and County Attorney Duffy
appeared as private counsel for the de-
fenSe Many witnesses were called.
OMcer Gardener was the first witness
called for the prosecution. He testified
that On last Friday afternoon, between
$50 and S O'Clock, he was standing on
Rark avenue in the neighborhood OF
caaied him a foul name. O'Neil was not
drunk, but might have been under the
influence Of liquor; witness inclined to
this opinion. Witness had ordered de-
PENDANT to go on about his business,
and witness had then moved away to
avoid further trouble. Defendant had
followed him the distance Of a block,
muttering and using profane language.
Witness had then arrested defendant
and taken him to Jail. Had not taken
HO1Q OIL IHe pTlSuLeT, Uut udu puSutu
him on ahead, continuously, with his
hand. At no time had witness struck
defendant Sor in any way used his club.
Gross brought out nothing
additional.
X. D. Browning, an employee of the
upper works, was called next by the
prosecution. He had witnessed a por-
tion of the trouble between defendant
and the officer. Had heard O'Neil say
angriIy and excitedly to Gardener some
words not used in polite society. At
the time this foul language was called
cut a lady was passing. Gardener was
trying to walk away from O'Neil; de-
PENDANT was following him up. De-
PENDANT, in witness Judgment, was not
sober.
/ Chief of Police White was called Wit
ness was standing on the city hall steps
when Gardener and O'Neil approached
Witness at that time did not know de-
PENDANT was under arrest. Defendant
had seized Mold of witness sleeve and
cried out, in great excitement: Chief
/ want to tank TO you! The officer had
pulled defendant away, saying: Come
along. now! You can talk later" As
defendant was pulled away he still
chung to the chiefs arm and thus wit
ness sleeve was ripped from shoulder
to wrist Witness thought defendant
was "a little full. but might not have
been" Defendant had complained that
the officer had punched him with his
club. Witness had known defendant as
a sober, law-abiding man. ~
At this point the city submitted its
case. Defense moved to dismiss action
on the grounds that the testimony ad-
duced went to show that the defendant
had not disturbed the peace of the
neighborlFood, as charged in the COM
plant, but had been guilty, if guilty of
any offense, of merely disturbing the
peace of one individual-the lady pre-
via 1u mel &C 1urinp
the scene of trouble. In reply to a ques-
ton by the prosecution, defense said it
rested it's authority ION common sense
purely"
In arguing against the motion Mr..
,Boarman cited the ordinance defining
disturbance of the peace, which pro-
.,vides for conviction on proof of hav-
ing disturbed the peace of even an in
dividual. Prosecution regretted to see
Mr.. O'Neil, an ex-public officer of the
city of Anaconda, and a man Of pre-
sumably irreproachable character, de-
PENDANT in a police court in such a case
as this
Mr. Duffy, in support of his motion to
dismiss, argued earnestly and at some
length on the previously advanced
drawing of the complaint under the
ordinance. He argued that if there had
been any disturbance of the peace it
had been made by the officer; further
more, that there was no testimony that
the peace of the neighborhood had been
disturbed.
The court denied the motion to dis
miss and defense took an exception.
Defense then introduced it's testimony.
Edward Devine, grocer, was the first
witness called. Defendant had been in
witness store shortly before his ar
rest. While there defendant had had
"a couple Of drinks" and apparently
was sober on leaving the place On
cross-examination witness said he al
ways had known defendant as "a sober
man, who took a drink when he wanted
it." Among much laughter on the part
of the audience, witness said, in reply
to question, he kept no fighting
whiskey.'
Mr.. O'Neil was called to testify in his
own behalf. He had met Gardener at
the time and place in question and had
greeted him pleasantly. The officer had
replied, roughly: Better look out what
you're saying!" and had followed up
this remark by punching witness in the
back with his club. Witness had re-
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