Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-12-01
THE CASE WAS
a uaae -f~~--H
a
=. =. DISMISSED
sflB Iu5agIq sat ~ "
JUDGE SULLIV AN PASSES UPON
TIE TROUBLES IN THE
QUIRK FAMILY. eq$.9 -
THE DEFENDANT WAS -
NOT BLAMELESS.
But the Judge Was Inclined to Take
Into Consideration His Mental
condition at the Time. ~

The domestic roublcs of DIR. Thomas
H, Quirk, his wife and his mother-in-law
Mrs. Emily Pennicard were aired in the
police court yesterday afternoon. tho
cause being an alleged disturbance on the
part Of the doctor.
Mrs. Pennigara, the complaining wit
ness, testified that she anld her daughter
were walking up Main street a DAY or
two ago ana when she got in front Of
Hight d Fairtield's store DIR. Quirh ran
across the street and taking his wife by
the arm forcibly dragged her away. at
the same time applying a vile epithet
to the witness. The latter said that she
followed the pair down to Park street
and into the Jail alley back of the Ows-
ley block where DR.. Quirk turned on her
and after calling her vile names struck
her twice n knocked her down.. She
said that she did not use any violence in
return and that she did not call him n
names
Attorney Kehoa who represented the
defendant objected to the wife testifying
against her husband, So the ease of the
prosecution went to tho court upon the
testimony of Mrs. Pennicard.
DR.. Quirl next took the stand ana
when asked to state the cause of the
trouble between himself and wife. he
answered:
"AOLher-in-law."
His testimony regarding the alleged
disturbance was directly in conflict with
that of Mrs. I'ennicara and he said thu
he had approached his wife and had ask
ed her if she wanted to talk with hin
and she had answered in the affirmative
and had accompanied him Of her own
will down the street. leaving her mother.
AS he made this statement Mrs. Q1irk
looked with startled eyes at him and eX-
claimed in anlazenlent:
why, Toni"
Tom did not pay any attention to her
but said that when he turned into the
Jail alley from Park street Mrs. Penni-
card was following them and lie turned
around and said:
Woman, will you leave us alone?"
Instead of leaving him alone. DR.. Quirk
said that she attacked hila and attempt
ed to kick him at the same time calling
him vile names. He satd that lie did not
hit her but simply pushed ner away from
him and old her to leave him alone.
Mrs. Quirk during this recital contained
herself with evident difficulty but
when the doctor said he did not strike.
her mother, Size jumped up "a great eN-,
element and exclaimed:
Il do not care whether I can testify
against him or not but he did strike my
mother. You know yyu did Tom, you
struck her twice and knocked her down."
Attorney Iehoa mad a protest
| against the testimony OF Mr.. Quirk and
FL. QIl7I resumed his teatinscuy and
'iaued hs mGtaGr-in-1aw fEr all Of his
troubles. During the time that he was
Giving his testimony he loGn2ed easily
in his chair and puffed with apparent
content at a cigar.
Judge Sullivan took the matter under
adrisement until this morning ard then
dismissed the case, saying thai although
the defendant may have dore things he
should not have done tie court was in
clined to take into consideration the
mental condition of the man at that time
and the trouble that he was having.