The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-26
NOT MUCH PLUMBER
MULDOON AND HICKEY ACCUSED
OF A SMALL ROBBERY.
TRIAL IN DISTRICT COURT
Hickey Before a Jury Today-Accused
With Muldoon Of Robbing Michael
Creegan of Five Dollars-Creegan
Knocked Down.

Knocked Down.
The trial of Dan Hickey. charged with
robbery, was opened in Judge McCler-
mans department Of the district court
this morning. Hickey was Jointly
charged with Thomas Muldoon with rob-
bling Michael Creegan of IS. Consider
able evidence was introduced in the case
! and the trial was still in progress at a
! late hour this afternoon.
Crime Charged to Hickey.
| Hickey was accused of Joining Thomas
! Muldoon in an assault upon Creegan,
with robbery as an aim in an alley back
of the Rocky Mountain saloon ON East
Park street, on the night of the 18th of
| July. 1t is alleged that Creegan was in
| the saloon and was called to door that
opened on fight of steps. The steps
led down to the alley.
Creegan ventured out upon the steps,
and two men pushed him from behind
and he stumbled down them. There were
only four or five steps and at the bot
tom of them, 1t is alleged, he was re-
ceived by the defendant Hickey, and
Thomas Muldoon, who was Jointly
charged with the robbery. They fell
upon him, the complaint says, and
knocked him down and robbed him.
Creegan is a railway laborer and had
not been in town very long. He was
going the rounds of the saloon on the
night he was plundered. He had only a
comparatively small sum of money in
his possession. 1t was money paid to
him as wages.
Creegan's Deposition.
Creegan could not be found by the
sheriffs deputies who had subpoenaes
commanding him to appear as witness
at the trial today, SO his deposition,
which was taken at the time of the rob-
berry, was offered by Attorney Breen
in evidence today. Attorney Sinclair,
counsel for Hickey, resisted it's intro
duction but Judge McClernan overruled
Mr. Sinclair's objections.
Creegans deposition was the first evil
dence introduced. 1t stated that Null
doom knocked the complainant down ana
Hickey robbed him. Muldoon sat on his
chest while Hickey was rifling his pock-
cts. The money taken from him was in
the right hand front trousers pocket.
The money was his. He estimated that
it aggregated IS.
The robbery took place at about 10
O'clock at night, and the defendant and
| MuldOon were arrested at IL midnight
Creegan testified in the deposition that
there was good light, and that he saw
the faces of MuldoOn and Creegan dis
tlnctly. Nothing was said to him while
he was being robbed
Creegan was asked If he was afraid
while he was in the hands of the rob-
bers.
He Was Afraid.
Eyes, sir: I was afraid" he said. IT
was overpowered and I did not know
what would be done to me-
Haze said he made no resistance, be-
cause it would have been useless to do
so. The man ran away after they got
his money.
In the cross-eSamination Creegan told
about his various employments on the
railroads in the state and about how
long he had been in Butte. He also
told what money he had in his poses-
sion when he was the victim of the al
legged robbers.
He said that the man who called him
said, Hello, Jack" to him. He had never
seen that man before; nor had he ever
seen Hickey or Muldoon before. He was
not looking for anybody when he was
pushed down the stairs. He denied that
he was drunk, either then or at te Jail
or on the night previous
Creegan's deposition said that he had
conversation with Mark Westrom in
Jail. In that talk, he promised to make
1t as easy for Muldoon and Hickey as he
could. He said he would tell the truth
and make it as easy as he could for the
pair named.
0fHnor
rested Muldoon and Hickey at about 2
O'Clock in the morning of July 10th. Be-
tween II and 1 he had met Creegan.
who recited the robbery. He found the
men at the Colorado saloon, where Cree
gan pointed them out to him. He told
Creegan to he sure Muldoon and Hickey
We're the right men, and Creegan said
he was sure. Creegan told him there
was a third man, the man who pushed
him, but that man was not captured.
Officer James Lawson corroborated
Officer Bowling as to what took place
when Muldoon and Hickey were ar
rested.
Il asked Creegan If he was positive
that Muldoon and Hickey were the men,
and he said he was" the officer said.
Lawson testified that third man was
arrested in front of the Colorado sa-
a. NASNeai . 'SdueSt' CIceSdH COulu
not positively identify that man, so he
was not held by the lower court.
Would Prove an Alibi.
In his opening statement at a quarter
of o'clock this afternoon, Attorney
Sinclair said that the defense would
prove an alibi in the case of Muldoon.
and that in the case of Dickey it was
instance of mistaken identity. He said
that 1t would be shown that Muldoon
was in company with two other men
driving all of the night that Creegan was
robbed. He said that Hickey was an
honest man, a barber and a resident of
Montana for fourteen years, having ar
rived recently from Helena. Hickey was
preparing to open a barber shop here,
and was out on the night of the 18th
visiting saloons.