Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-01

I from The Occur d'Alene and times ther.
were not very goOd?'
Yes, sir"
rs it not a fact that the man was Gill
ligan?"
DC you remember having had a con-
v%ersation with Charles Copenharve in
the county Jail and in Response to the
question as to how you came to change
your mind about going to the Occur
d'Alene you said that Gilligan had just
come from there and persuaded you to not
go?'
Il remember the interview but he ask
ed me how l came to go to Deadwod."
Did YOU tell the officer that al >sted
you in Colorado that your name was Re-
gan?"
NO, sir: l did not. I asked him what
he was arrestlng me for and he DID not
ask my name until afterwards"
Lucey said he had not told Sheriff Con-
ley of Deer Lodge county that he had left
his valise at G,egson Springs. !.
Abe Phillips, one of the jurors, asked
Lucey how deep the water was at the
place where he had been thrown from the
flat car in the canyon. He also asked
how far it was to the hills and if the
moon was shining that night.
This closed the Defense. but the intro
duction of a little Iebuttal testimony was
attempted. Charles ~Copenharve was re-
called to subStantiate the conversation
that took place between the prisoner and
himself concerning the reason why Lucey
had changed his mine about going to the
Occur dAlene after reaching Garrison,
but an objection was raised on the ground
that 1t was not a rebuttal question and
the court sustained it. The judge also
sustained an objection to a similar ques-
ton asked Art Whicher. and the trial so
far as testimony was concerned was de-
clared at an end.
The arguments were commenced about
10 O'Clock. Cornelius F. Kelly first adj
dressing the jury in behalf of the state.
tie covered the testimony rather fully,
but left enough ~undigested material to
enable Mr.. Connolly to put on the fin
fishing touches. MIR. Kelly detailed Luz
cey's movements from the time he first
Joined Regain at the home of the latter's
brother until he disappeared from Ana
conda after reading in the Inter Noun
tain the first published account of the
finding of the body. He said among other
things that Lucey had never gon to
Bozeman, as he had stated. He might
have gone through the Gallatin valley,
but had avoided Bozeman to prevent his
apprehension. He had gon to Deadwood
and there again met the mysterious Gill
ligan. The evidence, he said, was con-
elusive that he had left the city with
Regain. The story offered by the pris-
oner was gauzy. He had told witnesses
in the case he had met Gilligan years
before. and later on admitted that al
though he had known him he had not met
him personally until the night of Sep
tember 2. Where had the mysterious
Gilligan gone? Whence had he come?
No one save the defendant knew any
thing about him. When Lucey testified
in his own behalf he knew he had on
hand a battle for his life. He was charged
with the most heinous crime known-he
had decoyed a friend into a lonely can
yon and there brutally murdered him.
Mi. Kelly also discussed the testimony
given by Coleman and Malloy. and brand
ed Llcey as a self-confessed deserter
from the United States army. In closing
his remarks Mr.. Kelly said that Lucey
was either guilty or innocent. and if the
former he was a menace to society and
unsafe to be at large, and his crime de-
served the severest penalty.
James NJ. Hinkle next spoke for the
prisoner. He was followed by Y. r. Ca
son, the other attorney for the prisoner.
and then Mr.. Connolly closed the case
with a scorcher.
The jury took the matter about 4:3O.