Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-30
AFTERNOON SESSION

AFTERNOON SESSION.
When court convened his afternoon
aimGst every foot of space in the spec
tators part of Judge Clancy's depart
ment was occupied. The corridor and
other places outside We're also damned.
feter Walsh testified in regard to
Lucey's trousers. He said he had asked
L.ucey where they were and Lucey told
hIm they had been thrown out of the
Jail.
This closed the side for the prosecr-
ton.
Attorney Cason then stated that Will
nam Page, foreman of the St. Lawrence
nine, was one of Lucey's witnesses. but
was not present. He would testify that
L.uoey had worked in the St. Lawrence
during August.
Cason then told the jury what his side
expected to prove. He said he would
snow that the prisoner and Regain had
met during the evening of September .
ana that Regain asked Lucey for per-
MISSION to put his clothing into the lat
ter's valise.
W VIII show" said he, that Regain
sald one valise would be sufficient for
tWo; that while on the way to the depot
Lucev ana Regain met a third man,
named Gilligan; that when they reached
the depot they found that the train on
Whlch they had intended to start for the
occur Alene country had gone. We will
snow that Gllligan is a taller man thar,
Lucey; that when they found the train
had gone Lucey said to Regain that he
nad business with an old soldier friend
IN Anaconda; that he owed him 81 ana
would go over to Anaconda ahead OF
Resan and Gilligan and meet them there,
and they would all go to the Occur
dAlenes together. We will show that
Lucey went to the Northern Pacific
depot, but failed to catch a train, and
t1nnIlN- ~ yo "a @> "a. -
Ihat was between II and II O'Clock thai
night. He found a train and got on a
nat car. When the train neared Gregson
II slowed up and Lucey lost his hat and
satchel; that he himself had lost his
balance and fallen off into q pool of
water: he walked along the track in the
direction of Gregson and met two men
coming from the opposite direction. They
punt a nre and camped for the night. and
Lucey and one of the men walked back
IN search of the valise and hat. They
could not find the articles and returned
TO the camp fire. Next morning Lucey
had gone back in search of the valise and
hat and found them. Then he had gone |
on TO GreSson. We will show thai Lucey. |
fSesan and a man named Coleman did
considerable drinking in the afternoon of
September 2 and that while togethpr
Coleman saw money in Lucey's POSSES |
SION; that Coleman spoke of going to the
H'ShC, II ILuteV loIu MN he |
mad money enough to pay his passage if
ne wanted to go. We will show that Sui |
nvan, or Lucey, received $61 or S62 or
September l for his work in the st. Law |
rence-We will show this by the books Of |
the Montana Meat and that he |
nad money to pay his W way. We will |
that Lucey went to GregsOn and
drank considerable; that he became
drunk and left there about the middle of
the day, going into a field; that he went
to sleep in the field and when he awak- |
ened he proceeded to Stuart and thence |
TO Anaconda; that he made no statement /
TO anyone relative to having been thrown
from a traln-at least he had no recollec-
ton of 1t; hat when he awakened in the
field he found he had no valise. on
the I'd he met Gillisan in Anaconda and |
said he had left Regain at Stu
art ana ne would meet them there on the
way out TO Garrison; hat Lucey had
left Regain and Gilligan together i'm Butte
the night before; that Lucey and Gill
gan Went to Garrison and met a man
mat had just returned from the Occur
q Alene. He gave the place a black eye
and Lucey had then gone east to the Gal
latin valley and met Il man named Den
mis- Malloy. From there Lucey had gone |
to Deadwood, in the Black Hills. and re-
until winter set in. and had then
gone to Colorado, where his arrest fol- |
we VIII also snow that his right |
is Lucey, but that he was soldier
ing at one of the southern military posts,
but tired of it and ran away, and the |
change in title from Lucey to Sullivan
was made for that reason
Malloy then testified that he had met
LuceY in the Gallatin valley. He was
then looking for work.
On cr0ss-examination he said he had
Lucey Is months.
The arUurnnntc will ha m .1o top,orrou,
The charge of contempt of court
brought against r. Augustus HeinZe and
his brother. Arthur, by the Boston &
company in connection with l
the alleged extraction of ore from a min
ing claim over which a dispute has arisen
rs to the ownership, has been dismissed
Judge Lindsay. In disposing OF the
the Judge said:
This prosecution charging the defend
ants with contempt of this court in the
alleged violation Of a certain temporary
restraining order heretofore issued in