The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-28
BUTTE News,
An ACTION FOR DAMAGES
Burke Wants $4,000 for False
Imprisonment.
HE WAS HELD TWO WEEKS
Did Not Have Hearing Within the
Statutory Time - He Will Teach
Moral Lesson-J. Seward
Still in Jail.
HE WAS HELD TWO WEEKS

John r. Burke the young telegraph
With the Copper State saloon robbery
and on suspicion of being partner OF
Patrick Quinn, but was released on
Thursday and given a certificate OF
good character by the county attor-
ney, is about to bring suit for
$4,000 damages against some one for
false imprisonment. He has not vet
fully determined against whom he will
bring the suit. or rather whom all lie
will name as defendants. However,
one of them is to be City Detective Jer-
4 ry Murphy, who arrested Burke and
who is suspected of being most likely
to be able and willing to respond in
damages in the sum of $4,000. MI
Murphy is known to be an immensely
; wealthy man. Burke stated yesterday
that he had intended to let the matter
drop after he got out of jail. but that
his friends insisted that he bring an ae-
ton for damages if for no other pur-
pose than to thoroughly vindicate his
character and good name. Yielding to
the influence brought to bear, he ola2-
ed the matter in the hands of Attorneys
Wines & Wines, and as soon as the
papers can be drawn the action will
be commenced in the district court
Burke said that the matter rested en-
tirely with his attorneys as to who shall
be made defendants, but that one Of
them will be the city detective and an
other probably Officer Loughrin, who
had hand in the arrest. Possibly the
city and the county will also be asked
to contribute to the sum total of $25, 600.
Not that Mr. Burke really needs that
much money, but his object in bringing
the suit is mainly to teach a public les
son and draw a moral, which is that
mans character may not be reckless
ly destroyed without thought of respon-
sibility and liability by the destroyer.
4 Burke was held in the county Jail .tr
two weeks and two days without nav
ing been given hearing or a chance to
prove that he was not a robber. re
says his attorneys told him that the law
says he should have had a hearing
within "a hours after his arrest, and
that therefore, and so forth. Hence his
cause Of action. 1t is further represent
ed reNat if any proof We're wanting that
he has a good and meritorious cause Of
action, it was furnished by the writ
ten certificate of good character given
him by County Attorney Connolly,
which reads as follows:
Butte, Jan. 26, 1899 To whom it may
concern: The bearer of this, John r.
Burke, was arrested on the 25th day of
December 1898, charged with robbery
of the Copper State saloon in Butte,
3 Silver Bow county, Montana. An in
formation for the said crime was there
after filed against him in the district
court in and for said county and state.
From the circumstance which have
since arisen and from the fact that the
guilty party is now under arrest and
i charged with said crime, and from the
further fact that the sheriff's officers,
: police department and county attor-
ney's office are thoroughly satisfied Ct
the innocence of said Burke, and COLI
sidering also the fact of his previous
good character and absence from arrest
and criminalty permission was this
: day granted to the undersigned by the
judge of said district court to dismiss
the action against Burke above referred
( to and discharge said Burke.
This is an unfortunate case of mis-
taken identity. and this office regrets
very much that Mr., Burke has Ceen
Inconvenience in this matter and we
, trust that no one will wrong him mere
after by accepting any other construc-
ton than the one advanced in this let
y ter. I will at any time indorse the
above facts by personal letter. Re
spectfully, C. P. CONNOLLY,
County Attorney in and for Silver
Bow County, Montana
ut would be an outrage" said Mr..
Burke yesterday, IF a man could he