The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-14
A SPIRIT Of PATRIOTISM
Made Attorney Rice Bite OF q
Mans Ear.
HE OBJECTED TO A SLUR
Resented an Imputation That the Rough
Riders We're Not What They
Should Be-Bound Over to
the District Court.

Attorney Joseph Rice. who bit a piece
han Bros saloon in North Main street
the morning of October 5, was held to
the district court at the conclusion of
his preliminary hearing on charge of
mayhem, which was held before JUS
tice Nichols yesterday. From the evil
dence in the case it appears Rice, in a
spirit Of patriotism, resented slur Sui
Ivan cast at the personnel of the rough
riders who organized here for Grigsbys
regiment, and in melee which follow
ed bit off portion of one of Sull1van's
ears. At the hearing Deputy County
Attorney Alley represented the state
and Attorney John K. Kirk appeared
for the defendant.
Sullivan, who was the first witness
examined, testified that he and Rice
were shaking dice in the saloon, when
some argument arose, he could not re-
member just what it was about, and
suddenly Rice struck him twice In the
face. Sullivan told Rice he would not
take that from anyone and they mixed
In the rough and tumble fight. Rice got
Sullivan's right ear in his mouth and
bit off piece.
Sylvester ]. O'Brien was in the sa
loon and witnessed the fight. He said
| Rice invited the house to drink and
| while those who accepted We're lined up
| at the bar, Sullivan said something
| Rice did not like and Rice got angry
Sullivan said he would apologize and
| Rice told him he would have to. AT
| this Sullivan got his back up and said
| he didn't know whether he would or
not. Rice was about to strike sullivan
when one O'Neill caught him and re-
| strained him. Later Rice slapped Sui
| nd action
| They clnched and went down, and
while they We're fighting Sullivan yelled
| that Rice was biting. Others in the sa-
loon separated the fighters.
| Pat Sheehan gave substantially the
same testimony and Rice then took the
stand in his own behalf He told of
meeting Sullivan and friend named
| O'Neill in the saloon. He was intro
| duced to Sullivan and invited him to
drink. While the drink was being
served discussion arose.
THE discussion" said Rice, between
Sullivan and myself was in relation to
the rough riders. C'Neill had been
rough rider at the battle of San Juan
| hill in Cuba. Sullivan remarked that
the rough riders were nothing but a
band of hoboes, and I said anybody
who would talk that way was no gem
and said he did not think ! had room
| in town. l resented the remark. / do
not remember whether | made a motion
| to slap him. He called me -
| -, and l told him l would not take
1 that from anybody. Sullivan took off
| his coat and made a motion at me and
]I-teelS-eH@ my. coat and We mixed, both
| of us going down, with myself on top.
| He rolled me over. When Sullivan got
up he said l had bitten him, but If /
| did it I know nothing of it. There was
| an iron spittoon there; he might have
| fallen on it. j had no intention of hurt
| ing him.
| Judge Nichols made an order binding
| the defendant over to the district court
for trial.
/ In the case of John Montin, whose
| preliminary hearing for second degree
assault was continued from Thursday
to yesterday morning to enable the@de-
! PENDANTS attorney to submit authori-
| ties, Judge Nichols listened to the au-
| thOrites cited by Attorney Cason yes
| terday and at the conclusion of the ar
| gument bound MOntin over. He fur
nished a $3.50 cash bond and was re-
| leased.
| Sealed proposals will be received I'M
| til noon Monday, Oct. 16, fer privileges
relating to popcorn, lemonade, candy
lunch counters, etc, al race track for,
three evenings during the performance
of the Burning of Manila" State full.
particulars. The right to reject any or
| all bids is reserved. Address commun
ications to Carlisle Mason chairman,
II Bee Hive Block Butte, Mont.