Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-28

other. One was tall, the other short.
The short one had entered first and
bought a pint of whisky. Witness was
shown q photograph of Regain. He pro-
nounced it a likeness of the shorter man.
He recognized a resemblance in Lucey
and the other a They said they in
tended to take a train from there and
left, but returned later and said they had
missed it. The shorter man suggested
that they return to Butte and take a
fresh start the next day, but the other
said no; they would go to Silver Bow
junction and get a bed for the night.
Then they drank a glass of beer and left,
the shorter man paying for the bever-
age. They had remained in the saloon
about Is minutes.
On cross-examination he said he would
not swear that the men he had seen in
the saloon were Lucey and Regain, but
they resembled them. In the opinion of
witness neither of the men was under
the influence of liquor.
NJ. j. Kehoe of Rocker testified that he
was presiding over the bar of the Blue
Bird saloon, at which the two men had
bought the liquor the night before the
murder. The smaller one had entered
the place first and asked him if an ore
train would depart for Anaconda that
night. Witness told him no, and he left,
but soon returned with another man. He
asked If there was a lodging house in
the town, and was told there was not.
The taller man Their said never mind, they
would go to Silver Bow junction and get
a bed, as there was a woman named Mrs.
Copsey who kept a lodging house there
and they could get a bed from her.
The witness looked at Lucey and said
he resembled n of the men and the
photograph of Regain looked very much
like the other.
On cross-eXamination he said he would
not swear positively to the identity Of
Lucey, but to the best of his belief he
was one of the two men. Asked if he
had not failed to recognize Lucey in
the Jail last Saturday, he said he could
see the prisoners on account of the
lattice work of the cage. He had TAX
en- more notice of the men in the saloon
at Rocker than of other strangers be-
cause the taller one had said he was we'll
acquainted with Mrs. Copsey and witness
and Mr.. Copsey We're friends.
a Donovan said he had known Pat
rick L.. Regain more than 20 years. About
$3.50 p. m. on the I'd of September he had
loaned Regain $25. He had first given
him $30-a $40 gold piece and a $40 bill
but Regain had handed him back a SIS gold
piece with the remark that $25 would be
enough.
John A. Martin stated hat he lived w
miles from Gregson Springs. On the
morning the body of Regain was found he
was in Shiffman's saloon near the de-
pot at Gregson. He did not know Lucey
by name but he knew him by sight. He
had gone into Shiffman's back yard
after some water and seen Lucey coming
down the railroad track from the direc-
ton Of the canyon. When witness first
noticed him he was probably 500 feet
away and was carrying a satchel re-
sembling the one said to have belonged
to Regain.
At this point in the proceedings an ad-
At the afternoon session Martin testi-
fed that Lucey entered the saloon, the
witness himself having opened the door
for him. There was a bruise on the left
side Of his face and his clothing was
quite wet. He asked for a drink of
whisky and threw dow a twenty-dollar
gold piece with which to pay for it. Wit
ness said he built a fire in the stove and
Lucey dried his clothing. His pants We're
torn He toll witness he had come from
Anaconda on the train and the brakeman
had thrown him off in the canyon. After
leaving Anaconda he had paid the Drake
man SO cents, but later the brakeman
had returned and asked for more money.
Witness said Lucey looked sober
enough when he arrived at the Springs,
which was about 6 o'clock in the norm
ing, but was not sober when he left.
Witness had several drinks with him.
He did not know what Lucey had done
with the valise.
One of the attorneys for the defense
asked Martin if Lucey had not told him
he had been thrown from the train while
gonig from Butte to Anaconda.
Martin answered that he had not.
'You might possibly be mistaken in
the man?" asked the defense.
mo, l am not answered Martin.