Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-01
Know Whether He is to Con-
tinue to Exist.
THE JURY HAS HIS CASE
Under Consideration THE Mysterious
Mr.. Gilligan Fails to Come to
the Prisoners Rescue.

mony in the Lucey murder case was not
submitted before the time for ADJOURN
ment last evening. The state attempted
to have the woman to whom Lucey was
engaged to be married tell the court and
jury her story, but she was not permitted
to do so. She would have stated that
Lucey had agreed to become her husband
two days after the Regain murder, and
was to have 500 with which to do it.
The testimony adduced at the trial is
the strongest of a circumstantial nature
that has ever been presented in a court
in the state. the only thing lacking to
fasten the crime upon the prisoner being
an eye witness to the deed. Notwith-
standing this it is predicted that the jury
may fail to agree. because there is said
to be one man among the twelve that said
when being examined as to his qualifica-
tons to serve in the case that he would
not convict a man on such evidence UNI
less it so happened that ~the crime had
been committed on an island on which
only two men lived This statement was
made after the state had exhausted its
last challenge. During the trial he asked
many questions of witnesses, not over
looking Lucey himself. On the other
hand. there are men on the jury that it
is believed will not agree to an acqulttal
in the face of the damaging testimony
against the prisoner.
Lucey told his story on the witness
stand. He said his name was Dan H.
Sullivan and then added that it was Dan
Lucey. He had known Patrick L. Re-
gan three or four years, and also a man
named Gilligan: had met the latter for
the first time on September 2. He had
talked to Regain about going to the
Occur d'Alene. He denied having told
Mrs. Michael Regain he had a wife, but
said he had told her he intended to send
for a wife after he arrived in the Occur
d'Alene. Regain and himself, he said,
left Mrs. Regan's house about $50 o'clock
in the evening of September 2 and start
ed for the depot to catch the 8 o'clock
train. AT the corner of Mercury and
Main streets they had met Gilligan and
he accompanied them to the depot. On
the way they stopped at the Great North
ern saloon and had a drink. Gilligan and
Regain then concluded to remain in Butte
over night and go to Anaconda the next
day. Lucey said he told them there was
a man in Anaconda whom he wished to
see, and he would go down that night.
He went to the Northern Pacific depot,
but found there would be no train out.
Then he had returned to the B., A. & p.
and given the brakeman of an ore train
so cents to carry him to Anaconda. He
got on a fiat car, and when the train
1 all liz ca VII IN oilI VI
had come around and asked him what he
was doing there. He had answered that
he was going to Anaconda and the brake
man told him they did not carry passen-
gers. Lucey said he told the brakeman
he had paid him so cents, but the brake
mar denied it and told him to get off
He had refused to comply and the brake
man struck him on the head with a blunt
instrument. Then he told the brakeman
he woul get off if he stopped the train,
but the brakeman threw him off. He had
fallen on his hands and face IN a pool of
water and lost his hat and valise in the
dark. He got up, he said, and walked
down the track and found three men at a
camp fire. He told them his experience
and stayed with them until morning,
when he returned to the place he was
thrown from the train and found his
Gregson and stayed long enough to get
drunk When he recovered he was near
Stuart and had no valise. From Stuart
he had gone to Anaconda and met the
mysterious Gilligan. who told him Regain
was in waiting for them at Stuart. They
had walked back to Stuart. He denied
having hired a room from Finley in Ana
cOnda. Lucey further said that Gilligan
and himself had gone from Stuart to
Garrison and thence around into the Gal
latin valley, because they had met a man
at Garrison who told them not to go to
eh' wv "a ~ $50 ~ liz SAUL, III
a job with a crew of threshers in the Gal
latin valley and he proceeded to Billings.
GillIgan had showed up while he was
there and they accompanied some coal
miners to Wyoming. After working a
while in the coal mines. Lucey said he
had gone to Deadwood. and from there to
Colorado: that the last time he had seen
Regain he and Gilligan We're together
He denied having been in Rocker on the
night of September 9.
On cross-examination Lucey said he
was born in County Cork, Ireland, and
was SO or 80 years old. He had come ia
this country when II years old and en-
listed in Company d, Thirteenth infantry,
OF the regular army. After serving two
years and eight months he had deserted
from Fort Wingate, New Mexico, where
he had been stationed. From Wingate he
had gone to Gallup, N. NJ.
Mr.. Connolly attempted to trace
Lucey's movements from that time. but
an objection was made and sustained.
Lucty denied ever having been convicted
of a felony. He admitted hat Regain
had told him he had in bank over $500
which he intended to draw and take to
the Occur d'Alene with him. He said he
had accompanied Regain to the bank,
but when asked which bank it was he
could not remember.
The cross-eXamination was resumed
this morning. He was asked some very
pointed questions concerning his move.
ments on the night of September 2 and
during the early morning Of the following
, day.
Have you stated why You took the va.
lise to Anaconda instead of leaving il
with Regain or Gilligan?' asked Mr.. Con,
molly.
Il took it because it was my own prop
eiry."
We'll, they expected to go down on tn,
/ MECHANICAL trot in. did fhaNy MT p
II guess they did"
a1Xoll cfofod fhoA a q onnscaa .,o,a mr.