The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-02
DAN LUCEY FOUND GUILTY
Continued from Page Eighty


leave the city with Reagan. Mr.. Ca
son spoke about what the newspapers
published at the time the murdered
body of Reagan was found, and Mr..
Connolly objected to reference to what
was published at that time because 1t
was not in evidence. The court, how
ever, paid no attention to the obJec-
ton, and Mr.. CaSon said he simply re-
ferred to the newspaper reports to
show that reporters are sometimes
mistaken, and that the newspaper men
who testified in the case might have
been mistaken in their statements as
to what Lucey told them. The pros
ecuting attorneys, said Mr.. Cason, paid
too much attention to unimportant de-
tails, and overlooked the most impor-
tant facts in the case. No effort, he
said, was made to find the man Gill;
gan, and no attempt was made to show
that Lucey testified falsely when he
said he left Reagan and Gilligan in
Butte and left the city on a coal train
on the Butte, Anaconda & Pacific to
go to Anaconda, and that he was
thrown off the train in Silver Bow cam
yon. Lucey testified that the train
left the Great Northern depot at about
II o'clock at night, and the county at
torney would have found no trouble in
determining whether a coal train
went out at that time or not, but he
made no effort to contradict Lucey in
cey told the truth in that regard in
every particular. Instead of having a
design on the life of Reagan for a few
paltry dollars the evidence shows that
he offered &c assist him financially to
get out of town and go to a better
field of labor than Butte. A witness
testified that Lucey said he would di-
vide his money with him on that day
if he would go to the Occur d'Alenes,
which showed that he was ready to do
the square thing with friend. The
fact that Lucey, on his arrival at the
Gregson saloon, gave a $40 gold piece
in payment for a drink, is not a cir
cumstance against him. That was
the most natural thing to do. He want
ed to show his ability to pay for what
he got, and he said himself that the
gold piece was heavy and he wanted
to get it changed. In taking his va
lise to the station and leaving it there
he did the most unnatural thing man
would do who was trying to cover up
his tracks after the commission of
crime. Lucey's story as to how his
pants became wet and torn and how
he got the bruises and scratches. on
his face is not at all unreasonable. The
fact that the pants of Lucey were de-
stroyed after he was locked up in Jail,
said Cason, is immaterial He said
there was no evidence of guilt in that,
and he did not believe the jury would
! consider it, Lucey had worn those
pants from the time he left Butte
| until after his arrest and that in itself
! is inconsistent with the idea that they
| bore any marks that could be used
against him as evidence of guilt The
| trousers were torn and Lucey asked the
| jailer for another pair, and when he
| got them he threw the old ones away
| and another prisoner took them and
| used them as a pillow. Why he cut
! off he I
| there had been any blood on the trous-
| ers it might have been some evidence
against the defendant but if there had
| been any the prosecuting attorney
would have seized upon it and chung
| to ii as a miser does to his hoard of
gold. Doctors and chemists would have
been called to testify that it was hui
man blood and the blood of Patrick
| L. Reagan. Mr.. Cason said Reagan
might have been struck by passing
train and his head thrown against one
of the rocks, and he might have strug-
gled around after receiving his inju-
ries and carried his blood over other
stones There were footsteps leading
to the creek, but none were testified
to having come away. Reagan may
have walked to the creek after his
head was crushed, and he may have
been alone. Who knows, asked Mr..
| Cason, that he did not walk that dis
lance? According to Mr.. Cason's the
DRY Reagan, after his head was
crushed to a pulp, climbed through
barbed wire fence and walked some
distance beyond to the cre2k, notwith-
standing the testimony of medical wit
nesses that Reagan could not have
lived more than a few seconds after
receiving his injuries The attorney
said the act of Lucey in going to
Gregson and drinking there and then
going on to Stuart, to Anaconda Hell
ena, Bozeman and Billings, was not the
act of a guilty man. Mr.. Cason refer
red to the fact that Reagan's hat and
necktfe were found some distance from
the spot where the bloody stones were
found, and he said Reagan probably
was warm from walking and removed
his necktie in order to cool off The
attorney tried to show by the testi-
mony and description given by the
Rocker witnesses of the two men seen
at that place that the persons seen
there were Reagan and the mythical
; Gilligan. He concluded his argument
) with plea for justice and an honest
: verdict. He said the defense was not
In position to ask for mercy.
County ATTORNEY C. p - y -