Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-29
Discharge of the Quartette OF
Ryan Murder Suspects.
BELIEVED THEM GUILTY
Judge Clancy So Expressed HiI1Sel1
Bad Character Of Wit
ness Lloyd.

TIL trial of Matt Mattson. n of the
four men accused of the murder OF
George Ryan early on the morning or
January 4, came to an abrupt termination
in Judge Clancy's court about 4:3O O'Clock
yesterday afternoon without the neces-
sity of the defense offering any testi-
mony. The discharge of the prisoner fol-
lowed, and then came the release of the
other three, Matt Martella, Gus Erickson
Tabane and John Koski. who had been
credited with a hand in the killing. The
wholesale dismissal of the charges was
made by Judge Clancy at the request OF
the county attorneys office. represented
by c.. F, Kelly. The outcome of the cases
was nothing more than had been antlc1-
pated after Dayton Commit had given his
testimony in the case against Mattson
early in the morning. There were a num-
Der of witnesses for the state. but Con-
milf was the only one that had seen the
assault and taken a look at the men. At
the preliminary hearing he was sure he
had recognized John Koski as one OF
Ryan's assailants, but in giving his testf-
mony at the trial of Mattson yesterday
he said there was a possibility that he
had beeen mistaken in his identification.
This was the key to the whole situation
ana aIler the WOTuS Ildu UcSA SPohCH TIC
prosecution realized the hOpelesSneSs OF
it's case. When the state had finished
it's side the attorneys for the defense
moved that the court instruct the jury
to return a verdict of acQuittal and 1t
was done. While the jury was out Mr..
Kelly made a statement to the court. He
said that at the preliminary hearing Her
bert Lloyd had positively identified the
four men as the ones n had
Ryan. Since then, however, Lloyd, had
been investigated by the county attor-
ney's office and had been found wanting
in character: that he a a mania for
giving testimony in sensational suits and
it was known that he had volunteered his
services in other cases, the train wreck
ing case being one of them. In the case
of the state against MattsOn and those
jointly charged with the murder of Ryan
Lloyd's story had been found incredible
and the prosecution had decided to not
put him on the stand. He had also Of
fered to testify in The case of young
Rooney. who lost a leg in a railroad ac-
cident. AS to Mattson. all the credible
testimony the prosecution possessed had
been submitted.
Mr.. Kelly then asked the court what
course should be pursued in the three 9TH
err cases. He said the same testimony as
the offered in the Mattson case would
be offered in them.
Mr.. Mackel, one OF MatttsOn'S counsel
stated he had received a letter from
Lloyd and Lloyd had requested money
with which to get out of the country.
Mr.. Kelly stated that Mr.. Forestell, at,
torney for one of the other three accused
men, also possessed a letter written by
Lloyd. In this epistle Lloyd nae stated
that the defendants had better "pick hin
= up in a short time or he would make
other arrangements with the county at
torney. "He hobs up in every case ant
takes the side in which there is the mos
money" said Mr.. Forestell.
Just like a mine expert" responde,
Mr.. Kelly.
The jury was out fifteen minutes an,
after it had acquitted Mattson the othe
three men were ushered into the presenc
Of the court, lectured to a finish and turn
ed loose. In the course of his remark
Judge Clancy expressed the belief the,
were guilty n ought to be hanged witt
ropes, but in the absence of positive proc
of that guilt it was his duty to let then
go.