Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-15
IS LANDED
His Arrest Effected in a Colo
RADIO Town.
HE WILL BE BROUGHT BACK
To Butte and Compelled to Stand
Trial For His Alleged
Crime.
HE WILL BE BROUGHT BACK

Daniel Lucy, alias Dan Sullivan, the
man accused of having murdered Patrick
L.. Regain in Silver Bow canyon on the
night of September 3 of last year, is un-
der arrest at Victor, Colorado; at least a
mar answering his description has been
taken in out of the wet and, it is alleged,
has bSen identified by a former Butte man
who knew Lucy in this city. Last night
Under Sheriff Murphy received a tele-
gram from Sheriff James T. OF
Teller county, Cal, stating that Lucy was
under arrest at Victor. The Colorado
officer was quite positive of his man be-
cause a Butte saloonkeeper who knew
him had identified him. Mr.. Murphy at
once made arrangements to go to Helena
after requisition papers and the 8 o'clock
train carried him to the capital. He was
due to return today, but up to a late hour
the train on which he was expected had
not arrived.
About two weeks g Sheriff Regain re-
ceived word from Republic camp in
Washington to the effect that a man an
swering Lucy's description was there. The
sheriff took the trail, but on arriving in
the great mining camp he found that if
the suspect was Lucy the latter had gone.
He then went to Spokane in search of the
fugitive, but could get OFT definite trace of
him.
If the Lucy in Colorado is the one want
ed he either made a quick trip from Re-
public or else the Republic suspect was
not the real article. The sheriff is still In
the west. but will doubtless return to
Butte as soon as he learns Of the Colorado
arrest. In all probability Under Sheriff
Murphy will go to Colorado after the
prisoner. Both he and the sheriff know
Lucy quite well, as the alleged murderer
worked for Regain in one of the hill mines,
but the sheriff has had a long chase and
will probably stop to rest up
Judge Lindsay convened his depart
ment of the district court today and
rendered several opinions in matters
heard by him in the past. Among them
was the motion to set aside the default
in the uit of Ludwig Streicher against
James A. Murray and allow an aswer to
be filed. The motion was granted. In
passing upon it the judge said
1T appears by the affidavits of the
clerk of the district court hat prior to
or at about the time of the entry of the
defaults in the case the clerk was in re-
ceipt of the answers of the defendant
to the respective complaints. AS to the
merits of the answers then filed, it is un-
necessary to now speak. There is moth
ing whatsoever to show that the defend
ant himself did not do all that was
within his power to conform to the re-
ouirements of the law with reference to
the time when an appearance in an ac-
ton shall be made and an answer filed.
On the other hand, it may be considered
that the plaintiffs, by reason of numer-
Gus StipulatiOnS entered into, extending
the time Of the defendant in which to
answer, did not themselves seek to have
the matters presented for adjudication
speedily determined. In cases of this
magnitude the court will hesitate before
directing that default entered for want
of an appearance or answer. shall stand,
and will refrain from saying that the
defendant herein, if he has any rights,
shall be altogether precluded from pre-
senting to the court the defense he now
seeks to interpose. The proposed an
swers may be filed. and the defaults en-
tered in the respective cases are ordered
set aside"