Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-05
LEYDEN WILL
NOT Be 0USTEO
POLICE COMMITTEE TURNS DOWN
PETITION FOR HIS REMOVAL.
WITNESSES FOR BOTH
SIDES ARE EXAMINED.
Vanderghote Declared That He Was
Brutaly Beaten by the Captain
of Police-What Others Saw,

The investigation of the alleged mis-
conduct of Captain of Police James Ley
den occupied the attention of the police
commission until a late hour last night.
Members of the clerks union charged
him with having assaulted John Wander
ghote, a walking delegate of the union,
with a billy last Monday evening, in
front of the Hennessy building. Accom-
panying this charge was a petition pray
ing that Captain Leyden be dismissed
from the police force. At the end of a
long session the committee decided to
recommend to the council that the petit
ton be not granted.
Mayor Mccarthy presided, and Alder
men Ferns, Kelly, Smith, Noyes, Elder
kin and Paige were present. Alderman
krOger was absent.
In the lobby were a large number OF
clerks, who listened to the proceedings
with interest. Mayor Mccarthy ruled
that the clerks should not be represented
by counsel, and L.. p. Harris was dele
gated to represent the clerks and exam
inc the witnesses.
Harris was the first witness. He said
he was in front of the Hennessy store
on the night in question: he saw LeydeIl
pushing people around; he saw him
strike a man named Henderson in the
UIcdSl, dIlu ldlcI, " ILCl LIC CdpldlI was
taking VanderghOte to Jail saw ninl
strike the prisoner on the head with 4
billy without any provocation.
Charles Lannin testified that Leyden
struck Henderson in the breast, showing
him several feet; he saw the captain
shove Geiger off the sidewalk, and saw
him hit Vanderghote in the neck with
his fist and afterward saw him strike
Vanderghote on the head with a club,
while Vanderghote was being taken to
the city Jail, and when he was making no
resistance.
Harry M. Hamerdinger testified to the
assault IN Vanderghote. He said ne
saw the captain strike Vanderghote with
his fist n with a slungshot, which
he drew from his right hand pocket. He
said that while the police were making
a disturbance themselves they were JUS
titled about making some arrests. He
saw the captain strike Henderson n
cuff Geiger on the ears. He followed the
men to Jail to help bail them out.
Vanderghote was the next witness. he
said Leyden struck him with his fist and
with a slungshot. The next night Lelden
came into his cell and knocked him down
repeatedly. He said he was taking snap
shots at people who came out OF the store
for himself and that he was not working
for the clerks. He said he had been in
Butte amout three months; that he had
come to the city with a hypnotist and had
slept in a window "a hours, and that he
was a walking delegate for the Clerks
union.
DR.. Bernheim testified to Wander
rghote's injuries. He said there was a
swelling above the ear, but it was not
lacerated or bleeding. He was no seri-
ously injured and there were no other
marks on him.
DR.. Norcross, who was called to the
county Jail to examine Vanderghote, said
ba 'fc1r1 c1ipht h,r1isaS on the head a.
slight cut in the mouth and some bruises
on the body. He did not consider him Sc
riously hurt and did not prescribe for
him.
, John Mccarthy testified that Captain
Leyden brought a prisoner into the cell
in which he was lying Tuesday night.
knocked him down with a black jack,
kicked him between 20 and 80 times and
threatened to kill him.. He was in Jail as
! a ledger. not having a place to sleep. He
had not been promised anything for tes-
tifying.
William Tracey and Charles Henderson
testified hat Leyden struck Vanderghote
in front of the Hennessy store. Hender-
! son did not think the captain used a
billy. Tracey said Leyden had something
in his hand.
George Tucker said he went to the jail
and heard calls for help from one of the
cells and heard some one threaten to beat
some one else's brains out. Leyden then
anne out of the cell with Vanderghote.
Vanderghote was crying. He said they
had been trying to murder him, and he
wanted a doctor.
Witness said he was business agent for
the Clerks union; that he hired men to
carry the boycott banners; that he had
hired Vanderghote and O'Brien to take
the pictures and names of the people who
went into Hennessy's store and had paid
them on the orders of the Clerks union
He did not know whether the men be-
longed to any union or not.
/ George M. Wheeler told of Captain
Leyden's assault on V~anderghote.
M. j. Geiger testified that he was ir
the Jail Monday night; he was there fol
the purpose of furnishing Vanderghote
bonds; he heard cries for help from one
of the cells; V~anderghote was Their
brought out from the cell by Leyden ant
ed and wanted a doctor; witness saw
Leyden strike Henderson Sunday night
some officer, not Leyden, twisted witness
arm because he did not get Off the side.
walk fast enough.
John E. Dawson testified to the Van.
derghote assault. He also told of q con.
versation between 'Leyden and Mrs
Goldwater, in which the captain told hel
to brain some one if she was given an!
more trouble.
i Captain Leyden then went on tn,
| stand for himself. He said Monday nigh
Chief of Police Lavell had ordered him t.
take care of Hennessy's corner. and h,
took two officers with him. Vanderghote
O'Brien and Quigley We're there; the!
were calling every one who came out o
the store scabs. He first arrested
iO'Brien. Vanderghote followed him t,
the Jail and asked O'Brien for eth,
book" Later he arrested Vanderghote
On the way to the Jail Vanderghote call
ed him a "scab' policeman. He told hin
to keep quiet. but Vanderghote declined
to do so. and witness struck Wander
| ghote with the back of his hand. H
used no club or billy. Witness said tn
men arrested had been making mucl
trouble in front of he Nash, Goldwate
and Hennessy stores. When VanderShot
was in Jail he resisted being put into