Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-28
Discharged by Judge Harrington on
Motion of Leputy County Attor.
ney Kelly.

ivy 0uuOA ACy /dIlAO WIZ dQpGdIcu a.
Kehoe's counsel. thanked the representa-
tive of the county attorneys office for tn
action. He said Kehoe had acted purel.
in self defense, and that no man regretted
the unfortunate circumstance more thai
he. In concluding he expressed the hop,
that the justice would discharge the de.
PENDANT.
Justice Harrington made an order dis
charging the defendant, and Keho'
walked out of the room, a free a
DR.. Sheeran was the first witness. H,
testified that he made an autopsy on thu
body Of Michael cannon. He said thai
there were two wounds in Gannon's fore.
head caused by the splitting of the bullet
and that death had resulted from the eff.
fects Of the penetration of the brain by
portion OF the bullet.
Garrett Stack. who witnessed the shoot.
ing then told his version of the killing. He
said nno first entered Kehoe's saloon
about 3 o'clock. He asked Kehoe, who
was tending bar for a glass OF beer. The
beer was served n Cannon drew a gur
and said, Give UP that IS or Ill blow
your brains Quit"
"Kehoe stepped to the left and Cannon
told him to come back. After a few sec
onds Cannon said. get it quick Keho;
told me to get an officer and Cannon said
if I moved he would kill me, adding thai
LAC OIA care AUI al OlIlCer.
Did he take the gun off Kehoe 2" asked
Mr.. Kelly.
He did not?" replied the witness.
What did o do?"
II didn't move. / was afraid to. Kehoa
then started towards the witness ard
Cannon again told him to come back,
DON'T You go over there he SAID. Drop
hoe saad nothing. bu turned ar3und
QUICK, flashed a revolver. and said, drop
that gun An instant later witness did
a shot and Cannon dropped. Witness did
not know Kehoe got the gun.
When the shot was fired the two men
were just opposite each other; the guns
were on a level. When Cannon dropped
witness remarked to Kehoe that he was
lucky as he expected to see both men
drop. Kehoe asked witness where Gam
non was. Kehoe was standing erect when
he fired the shot.
Witness testimony in regard to what
Kehoe had said just prior to the shoot
Ing was compared with the testimony he
gave at the cOroner's inquest, there be-
Ing a slight discrepancy.
Mr.. Lamb asked a. few questions ON
cross-examinatton n the witness was
excused
Patrolman G.. H. Hastings testified
that he was ON the Galena and Mercury
STREET zeal ON the day of the shooting.
The witness knew Kehoe. Cannon came
to witness some time between 2 and 8
o'clock. He was somewhat under the
influence OF liquor. Witness accom-
panied cannon to Kehoe's saloon at Gam
nons request. Cannon said he had given
kehoe a $40 bill and only got change for
IS. When he entered the saloon Cannon,
addressing Kehoe, said:
Nov, I want that S."
kehoe explained to the officers salts
factlon that Cannon had been given the
proper change. Witness advised Cannon
r n IhQ VA mn MS oxk9 - -
saloon with the officer, separating from
MIN. Next time witness saw Cannon.
about half an hou later, he was dead.
lying ON the floor of the saloon. He ex-
planned the position in which the body
was lying.
Kehoe was behind the bar. A gun was
lying alongside Gannon's body. Kehoe
said:
He came after me with the gun and
I a to use mine."
"Then you did the shooting, did YOU ?'
asked the officer.
II did. I had to-" replied Kehoe.
The officer then sent for Chief of Police
Lavell.
Chief Lavell was the next witness. He
testified that in response to a telephone
Where he saw Gannon's body. Witness
asked Kehoe who did the shooting and
kehoe said he had.
The witness then placed Kehoe and
STACK under arrest. Witness took charge
OF the revolvers, finding Kehoe's on the
drain board behind the bar.
Ihe pistols We're offered in evidence.
John Cord, stableman at Marlow's Ilv.
cry barn. which adjoins Kehoe's saloon.
that he heard the shot and a
half minute later went into the saloon.
Stack was standing at the end of the
bar. Kehue behind it. Kehoe said he
had to shot Cannon.
c. F. Connolly, a saloon keeper. testi-
lied to an acquaintance with Michael
Cannon. He saw Cannon about / O'Clock
ON the day of the shooting, and at that
time he was only mildly under the inlu-
of liquor.
NJ. A. McAndrews. a miner, testified |
he knew Michael Cannon since |
childhood, and that he saw him at 1
o'clock on the day of the shooting. Gam
non had been drinking, but was mot in !
toxicated. Witness saw Cannon change
q 500 bill.
Cross-examinatior brought out the fact
hat after Cannon the change of this
he paid a IS n bill and visited
saloons, whee.e he bought drinks
Nathan Netzer, clerk in a South Main
street pawnshop. testified that Cannon