The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-28
He WILL NOT CONVICT
Phillips Doesn't Believe in Cir
cumstantial Evidence.
WAS KEPT ON THE JURY
Challenge Was Overruled by judge
Clancy in the Lucey Case-The
State Says Evidence Will Be
Entirely CircumstantiaI.

noon, and County Attorney Connolly
outlined in his opening statement to the
jury a case for the state which, is
proved, will show Lucey guilty of the
most brutal, cold-blooded, deliberate
and premeditated murder ever COM
mltted in Silver Bow county. However,
even if all that Mr.. Connolly promised
will be proved it does not seem likely
that Lucey will be convicted of the bru-
tai murder, for there is a man on the
jury who declared during his examina-
ton that positively he would not vote
to convict man on circumstantial evil
dence. The county attorney stated that
the states evidence would be entirely of
circumstantial character and chal-
lenged the juror for cause, but his chal-
lenge was overruled by Judge Clancy,
and the states peremptory challenges
having been exhausted the juror, Abe
Phillips, remained in the box. Phillips
said there could be only one instance
in which he would convict on circum-
stantial evidence, and that was where
two men were alone on a desert island
and one of them was murdered and
there could be no other conclusion than
that the survivor committed the crime.
Mr.. Connolly stated another circum-
stantial case to him, practically out
lining the case against Lucey, and ask
ed him if under such circumstances he
could vote for conviction, and Phillips
replied that he could not and would not
vote to convict, as there was the least
possibility that another person COM
| mitted the murder.
The jury as completed is composed
of Hugh Morrison w. P. Griffith. A. ].
White, Ernest Rogers, G. S. Holbrook,
Joseph Roberts, Chris Christensen,
Enoch Fl. Giverson, j. w. Paris, Dan
iel Johnson, r. w. Sampson and A.
Phillips.
After the completion of the jury At
torney Cason, for the defendant, made
a request for the enforcement of the
rule relative to the exclusion of wit
| nesses from the court room during the
progress of the trial and Mr.. Connolly
Endorsed the request
I'VE desire, however" said Mr.. Cason,
'to make an exception as to the news
paper reporters, who, we understand,
have been subpoenaed as witnesses.
ooh, yes said Judge Clancy; they
are of no account, anyway"
County Attorney Connolly then pro-
ceeded to make his opening statement
to the jury and read the information
against Lucey, charging him by three
counts-with the murder of Reagan by
crushing his head with rock, by
drowning him in Silver Bow creek, and
by killing him by means unknown Mr..
Connolly then outlined the evidence he
expected to present in behalf of the
state.
Patrick l.. Reagan was a miner liv-
ing in Butte and had brother who
was married and with whom he lived
said the county attorney. ION the
evening of the End of last September
the defendant, Dan Lucey, came to the
house of Mr.. Reagan, brother of Patrick
l.. Reagan. What conversation there
was between Reagan and those present
in the house before Lucey came is in
competent as evidence, but after he
. came, which was about $40 o'clock,
there Were certain occurrences there
which will be testified to. Lucey
brought with him a satchel, which also
will be introduced in evidence. He said
he was anxious to catch the 9 o'clock
train, as he and Reagan We're going to
the Occur d'Alene country. He opened
the satchel and Reagan handed him
some articles of clothing and wearing
apparel which he intended taking along
and Lucey put them in. Lucey told
Reagan that he needed very little cleth-
ing, as he could buy everything cheaply
in the Occur d'Alenes and could leave
his stuff behind for his brother Michael
Reagan, to wear. When the satchel
was found in Lucey's possession after
the murder 1t was found to contain
nothing but the articles of clothing be-
longing to Reagan, showing that Lucey
had no intention himself of making an
extended trip. The evidence will show
that Mrs. Reagan tried to persuade her
brother-in-law to stay in Butte, get
married and settle down. and that
Lucey then stated that he was a mar
ried man and offered to send his wife
to Mrs. Reagan's house to get Reagan's
trunk and forward it to him in the
Occur d'Alenes after he was located.
The fact is Lucey had no wife and had
no intention of going to the Occur
d Alenes and did not intend to catch a
traln at o'clock. as no train left Butte
at that hour. Lucey and Reagan start
ed for Anaconda, where, Lucey, claim
ed, they could get cheaper rates than
they could in Butte. The next they were
heard of they We're together in Rocker
drinking and Reagan tried to get Lucey
to take the train there, but Lucey did
not want to and by his actions showed
that it was not his intention to go 10
Anaconda. He agreed however to ac-
company Reagan to the home of a Mrs
Cox in Rocker, who had formerly kept
a restaurant at Pocatello. but the evil
dence will show that they did not stop
there and were not seen. That was be-
tween IL and II O'Clock at night.
The next scene in the dark tragedy
took place after the entrance of Lucey
and Reagan into the lonely and unfre-
quented Silver Bow canyon. The next
seen of the defendant was his appear
ance at o'clock in the morning, COM
ing down the railroad track from the
direction of the canyon to Gregson
Springs with the satchel in his hands
A witness, Martin, will testify that he
was employed in the saloon of a man
named Shiffman at Gregson, and that
at that hour Shiffman was in bed. Mar
tin went outside for something and saw
the man, whom he afterwards identified
as Lucey, and who introduced himself
as Dan sullivan, coming down the
track. He came to the back door of the
saloon and asked if he could get, a
drink. Martin went in and asked Shift
man about it, then admitted Lucey.
martin noticed that Lucey's hands were
wet and full of sand and scratched aud
torn, pieces of skin hanging from them.
lie mad a cash on his chin his face was
all scratched and he had large bump
on the side of his head
When they got into the saloon Mar
TIN built fire in the stove and Lucey