Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-27
They Dart RestleSly About the
Court Room
LACEY'S PETITION DENIED
He Must Stay in Jail an Indefinite
PERIOD carson and PEREZ.
son Discharged.

In Judge Clancy's department of the
district court this morning the county at
Lucy with the murder of Patrick l.. Re-
gan in Silver Bow canyon on the End of
last September. When asked if Lucy was
his proper name, the prisoner answered
yes. He said he had neither counse to
defend him nor money with which to em-
ploy one and the court appointed z. T. Ca
son to look after him. He will make his
plea next Wednesday,.
While Mr.. Connolly was reading the
the information Lucy kept shifting his
eyes from one part of the court room to
the other. 1t was not particularly a ner-
vous shift appeared to be a desire to
ascertain what those present thought
about it.
Lucy is possessed of a b%lue-gray eye,
one of the dangerous brand, and has a
very firm face. His chin and mouth are
especially strong.
The jury in the case of the state against
the Anaconda Mining company, an action
to determine the constitutionality Of the
law relating to the maintenance Of safety
doors and bonnets on mine cages, return
ed a verdict of guilty last evening. 1t
was out only-a few minutes. The penalty
is a fine of not less than $500 nor more
than 81, 900. The court will announce the
| an cunt next Wednesday and then an APP
| peal to the supreme court will be taken.
The habeas corpus proceedings in the
case Of James w. Lacey were resumed
in Judge Clancy's court today.
1t will be remembered that last Octo-
| Der Lacey was Jailed by E. j. Lauran-
deau for threatening to kill his wife, but
no time was fixed for his release; conse-
quently he has been a boarder at the Ho-
tel de Patrick Regain ever since with no
opportunity Of a chance to jump the bill.
a. week ago Attorney NJ. D. Kelly took up
the case and petitioned the court for a
writ of habeas corpus. The matter was
partly heard last Saturday and t hen car
ried over until today in order that the
witnesses who CAV testimony against
him at the time he was bound over might
come into court again and tell their
stories again to the judge. They appeared
as requested and as a result Lacey still
languishes in the stomach of the Jail
with excellent prospects of staying there
until Gabriel blows his resurrection bu-
gle. His wife was against him at the
hearing. She testified that on October l
of last year she had COR to the Silver
Bow block by agreement to meet him to
talk over some property paper signing
business and he threatened to kill her.
On the 9Th of the same month he had,
she said. kicked the door of her residence
at APO West Galena street from its moor
ings. On another occasion he had made
her jump through a windo and seek
shelter from his fury at the house of a
neishbor.
A man named Beebe told the judge
that he had seen Lacey kicking the door
of his house, had given him a thump on
the Jaw and a few kicks in the ribs.
William D. Burbage testified to a con-
versation he had with Lacey in which
Lacey had threatened to Kill his wife.
w. G. Pfouts gave testimony, but knew
nothing about Lacey's threats save what
Mrs. Lacey had told him.
Lacey told his own story. He said he
had no intention of killing his wife, and
accused Beebe of being the cause of the
bulk of the trouble. He said Beebe had
up his family.
Lacey also stated that he was willing
to support his wife and family and do
the prope thing by them.
In passing upon the petition the judge
said it had been his intention to turn
Lacey loose if the proper showing could
be made but the testimony of his wife
and Mr. Burbage was so strongly against
him that he thought a year in jail would
suffice to work a little of the whisky out
of him. He did not say he wouid release
Lacey e October.
f. p. Carson, charged with having
touched" a sleeper for a sum of money
a few weeks ago, was discharged from
custody by Judge Clancy today. The
county attorney requested it. He said
there was no testimony to show Carson's
guilt and he was certain a conviction
could not be obtained.
The charge of receiving stolen property
preferred against Morris PerelsOn was
also withdrawn and the defendant
thrown upon the tender mercies OF the
world. There was no real evidence out
of which to manufacture a cinch.
The attorney for Felix Bellanger in the
suit of the latter against the Boston &
Montana Mining company sprung a sur
prise on the defense in court today. Bel
LANCER is the administrator of the estate
of Henry PilOn and is suing to recover
money on an insurance contract held by
PilOn in the The amount
equals half the sum Pilon would have
earned in a year while in the employ Of
the company.
One day Pilon was walking along the
railroad track near the COlusa mines and
was killed by a train. He was then en-