The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-02

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! After speaking of the duties of the at
torneys and jury he reviewed the facts
| relating to the finding of ReaganS muir
| dered body in Silver Bow canyon on
the morning of Sept. g. 1898. and the
I evidences of the struggle and the muir
der committed by means of the rock.
The case, said the attorney, was one of
| CirCumStantiaI evidence and that the
| law made no distinction between cir
| cumstantial evidence and direct evil
| dence. 1t is an old and true saying that
| circumstances never lie. but witnesses
may. Mr.. Kelley followed the chain of
| circumstances from the time LuCey and
| Reagan left the house of the latters
| brother in Butte TO go to the Occur
| d AlCnes. 1t was agreed that one valtse
| would be enough for both and Lucey
| brought his Valse to the house and, in
| a manner which aroused the suspicious
of Mrs. Reagan, he packed Reagan's
| clothing in it. The evidence shows un-
| mistakably that Lucey had nothing in
| the valise except a razor and a small
strop, indicating that he had no
! thought of going far or remaining long.
| After they left the house of MiC-lael
! t.aagan the two men We're not seen
again until they turned up in Rocker
| late at night where both We're seen
| and identified in a saloon. They in
| quired for a train for Anaconda and
| when they learned that there would be
| none that night Reagan wanted to re-
| turn to Butte and wait until the next
! morning. but the other man, identified
| as Lucey. insisted that they proceed to
| Silver Bow junction and stop for the
| night at the house of a Mrs. Copsey
| When he persuaded Reagan to proceed
| LuCeY's design was to get him down
! into the canyon and kill him. Mr.. KEEL
| leys theory of the murder was that
| after the two men reached Silver Bow
! canyon, Reagan having become tired,
| the two men sat down on the railroad
! track to rest, and 1t was while sitting
! there that Lucey assaulted him with
! the smaller rock and beat him into in
! sensibility, Lucey being much the lar
! ger man. That there was a struggle is
| evidenced by the fact that Reagan's
| hat and necktie We're found some dis
| lance from where the pool of blood and
| bloody rocks We're found. After Lucey
| had beaten Reagan into nsensibility
| with the smaller rock and while he was
! lying on the ground with his face up
! turned the murderer picked up the
! heavy rock and with it crushed Rea-
! CANS head into pulp The body was
| then dragged through the barbed wire
| fence, in doing which LuCey tore his
| trousers. After getting the body through
, the fence the murderer went through
the pockets of the dead man in search
of money which he thought Reagan had.
The pockets of the clothing We're turn
ed inside out, and the vest and coat
We're cut in a search for money which
! might be hidden there. At that spot
| were found key belonging to Reagan
and a few small pieces of coin. The
body was then dragged to the creek and
! thrown in and it tloated down TO the
point where it was found the next
/ morning by some section men.
The next morning with his face and
hands scratched and bruised and his
.1gN4l hoe rot I
in Gregson, and to account for his ap-
! pearance he told four different wit
neSseS that he had come from Ana
: COnda where the day before he had
! paid a brakeman 80 cents to take him
+ to Butte; that he displayed a lot of
T money and that when the train reached
Silver Bow canyon the brakeman and
conductor tried to rob him and then
threw him off the train into the creek.
! Lucey testified that he left Butte in ad-
| vance of Reagan in order to see a man
named Rogers in Anaconda and pay
him 81 which he owed him. yet when he
reached Gregson, he remained there
throughout the day and then bought
| ticket back to Butte, and finally disap-
peared on foot, going in the opposite
direction The next day he turned up
in Anaconda in the company of a negro
and told an acquaintance that he had
just come from British Columbia. He
rented a room in lodging house, but
during the evening he read an account
of the murder and the fact that he was
suspected of the crime, and he immedi-
ately disappeared again and did not
| occupy the room he had paid for. He
then started upon his flight to elude the
officers, who he knew were on his
tracks. According to his own story he
Travelled in company with man named
Gilligan in search of employment. but
no one else ever saw the man Giligan
a pl I'd of hi
Lucey turned up as a ranCher in the
Gallatin valley, where he sought EN-
plOyment on "A threshing machine. He
was seen and recognized there by Nal
10y, an acquaintance, according TO his
own story. but the mysterious GiIligan
was not with him, and Lucey explains
his absence by saying he found en-
ployment on a neighhoring ranch. At
ter Gilligan had conveniently passed
Malloy he turned up again in Billings,
according to LuceyS story, and the two
went to Cambria, in the coal regions of
Wyoming, where they again became
separated and later came together
again in Deadwood Mr. Kelley said
there was nothing to show that the
mysterious Gilligan ever existed while
| ON the contrary, the evidence was un-
miStakable that Gilligan was a myth
Every act of LuCey after the murder Ct
! Reagan was the strongest evidence of
guilt. Mr.. Kelley concluded his ad-
dress with a plea for justice and said re
believed the defendant was guilty of
crime that merjted the seVerest pena ty
of the law. The chief deputy's sum
} ming up of the states case and review
of the evidence was one of the abIest
} ever heard in the district court; not a
point was overlooked and the states
) case was presented in such a clear and
strong manner that there could have
remained no doubt in fair mind of
Lucey's guilt Of the brutal murder.
J. NJ. HinlIe, one of the attorneys
for the defendant. followed Mr.. Kelley
and he paid the latter a high compli-
! ment on what he called an extra Ordin-
AIRY able argument" Mr.. Hinkle stated
to the jury that he would ask them to
aCquit the defendant before he got
through with his argument. The de-
PENDANT. he said, had the same right to
live as the jurors had unless it was
found beyond a reasonable doubt that
he was guilty of the crime charged. If
he committed the crime with which he