Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-28
A Witness Says He Saw Dan
Lucey on the
DAY AFTER THE MURDER
Walking From the Direction of the
Canyon to the Springs
Had a ValiSe.

The trial of Daniel Lucey, charged with
the murder of Patrick l.. Regain in Sill
yer Bow canyon on the End of last Sep
TENDER, is now on full blast, a jury hav-
ing been obtained late yesterday after
noon. The twelve men that will decide
the guilt or innocence of the prisoner are
Hugh Morrison, w. P. Griffiths, A.. j.
White, Ernest Rogers, George S. Hol-
brook, Joseph Roberts, Chris Christian
sen, Enoch H. Giverson. j. w. Paris,
Daniel Johnson, r. w. Sampson and A.
Phillips.
After the county attorney had made
his opening statement, telling what he ex-
pected to prove, Mrs. Michael Regain, sis
ter-in-law of the murdered man, testified.
She said she had seen Regain alive at
$40 o'clock in the evening of November
(meaning September) 2. 1898. He was
then at her house. At about 80 the fol-
lowing afternoon she had seen his dead
body at the undertaker's. She had
known Lucey as Sullivan. He had come
to her house at rs minute of 3 the even
ing Of the murder and helped Regain pack
his valise preparatory to starting for the
Occur d'Alene country. He said he had
been born in County Cork, Ireland, and
had left Leadvilie. Colo, three years ago
Mrs. Regain said she asked Regain not to
leave, but the latter said he intended to
start On the 8 o'clock train. Lucey had
not remained in the house more than five
minutes. The valise and its contents
We're placed in evidence and witness
identified one Of three shirts it contained
as the property of Regain. She had sewed
up a hole in it.
When court nven this morning the
examination of Mrs. Regan was contin-
ued. She said she did not know how
much money Regain had when he left with
Lucey, but he had $555 in the bank and a
check representing it in his trunk. The
murdered man was 80 or 33 years old.
For the purpose Of proving that the body
found in the canyon was that of Regain
and that Regain and Lucey were seen to-
gether at Rocker On the night of the
murder, a photograph in which Regain
appeared in a group of four persons was
shown the witness. Regain was identified
in it. A comparison between the shirts
m collars found in Regan's trunk at
Mrs. Regan's house and in the valise
which it rs alleged Lucey left at Gregson
Springs was made. All Of the articles
bore the laundry mark 1915" Mrs.
Regain could not state in what month
the murder occurred, but she knew that
Lucey and Regain had left her house to-
gether the last time she had ever seen
Regain alive, and she had seen Regan's
ucdU UOuy I'll Cu6 HOWL udy.
On crOss-examinatiOn the defense en-
deavored to get the witness to say it was
some other month than September in
which the murder occurred, but failed.
She had said yesterday it was November,
but explained the inaccuracy by stating
that she was then excited.
when you get excited you are liable
to say almost anything, are you not?''
asked Attorney Hinkle.
There was no response and Mr.. Con-
molly requested her to keep cool and an
sWer.
"He is trying to make a fool Of me,'
said Mrs. Regain.
Are you sure it was September?" asked
Hinkle.
II will not answer"
He can make a fool of you," sale
the judge. you will make one of your
self. Go on and answer the question:
Mrs. Regain was not certain of the
month. Continuing the narrative, she said
that when Lucey called at her house OF
the fatal evening Regain asked him where
the "other fellow was, and Lucey said
he was drunk. Regain had borrowed $25
that evening. He had gone to the bank
in the afternoon to get some money, but
found the door closed-it was after bust
ness hours.
The clothing taken from the body of
Regain after the murder was introduced
and identified by Mrs. Regain. 1t was
tattered and cut and some of the pockets
turned inside out. At the time of the i'm
PRODUCTION Lucey was examining two
photographs of Regain. When he looked
up it was noticed that his face was
flushed, but whether what was transpir-
ing or something else was the cause is not
known. The flush lasted only a few Sec
onds. =
w. w. Pennington, county surveyor,
testified that he had ~surveye the scene
of the tragedy and mad a map of it.
Under Sheriff Murphy had accompanied
him.
The map was introduced. 1t showed
the spot where the killing occurred, the
broken wire fence through which the
body was afterwards dragged the place
where the body was thrown into the
creek, the spot at which it was found
and all other details necessary to ac-
quaint the court and jury with the lay
of the canyon land.
Maggie Dennehy, residing in Montana
street, testified that she had seen Luce
at the residence of Mrs. Michael Regain
in the evening of Septmber 2. He had
$780, 4 o.On