Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-15
CASE WILL
Be DROPPED
FRANK GULLAN WILL NOT HAVE
TO ANSWER TO CRIMINAL
ASSAULT CHARGE.
THE GIRL DISLlKES
THE NOTORIETY
She Still Claims that He is Guilty But
Asked to be Excused From
Testifying.

Attorney j. l.. Wines. who was APP
pointed by Judge Clancy a short time
ago to act special prosecutor in the
case of the state against Frank Gullan
charged with criminal assault on a L.
year Cd girl named Lille Ben: after
having administered to her Spanish fly
in candy. reported to the court today that
he thought it would be impossible to Sc
cure a conviction in the case, following
the statement with a request that the ac-
ton be dismissed. On the showing made
by the attorney the court ordered the
charge against Gullan to be quashed.
Mr.. Wines read to the judge L state
ment made by the girl herself and also
her parents, August and Annie Benz, and
from the tenor of the documents ii would
seem that the conclusion to dIop the
matter was more the result of desire
on their part to avoid the notoriety the
trial of such a dirty mess would create
than a weakness in their belief of the
guilt of the defendant. In fac+ the girl
says in her statement he L. guilty. her
+ language to Mr.. Wines being as follows:
ITO j. L. Wines-Owing 10 the fact
that the action above mentioned will b.
tried in open court and viii! no doubt be
attended by great many persons who
come out of curiosity, and owing to the
nature and character of the testimony
which, would be introduced upon the
! trial. and owing TO the scandal that
| would attach and follow such trial. l
do hereby respectfully request ttat l be
/ excused from testfyng. and do respect
, fully decline to testify unless ordered
and directed by the court to so: an
/ for these reasons respectfully ask that
/ said action be dismissed. NotWlthstand-
! ing this sta,eme Mt I do still assert the
guilt of the defendant, but 70" the rea
sons above stated ask that The pr osecu-
/ ton be dismissed. "Respectfully.
"LILLIE RENZ.''
We the parents of Lille Benz. do
hereby concur in the above request ana
/ join in asking, the court to dismiss The
prosecution. We do this for the purpose
of saving our daughter. Lille Benz, who
| is now but the age of 16 years, the no.
toriety and.th scandal which would at
tach to the giving of testimony by her.
! as well as by ourselves in this nrosecu-
ton. We therefore ask that the same be
/ dismissed.'
The offense is alleged to have been
been in TAIL ever since his arrest. \ few
lays after being taken into custody he
was given d preliminary hearing before
f. 4. Nichols. then a justice of the
peace and the testimony alSrced war
rantad the jus ice in holding him to an
swer to the charge in the district court.
During the preliminary hearing the girl
was present and was quite bitter
against him. At one stage in the pro-
eeeiings she slipped from under her
cloak a heavy iron nut to which was
attached a handle, in hanl-billy shape.
What she intended to do with it can be
only surmised. for before she had time
to demonstrate her intentions one of
the attorneys present took It away from
h5r Afterwards she looked directly at
Gullan and called him a murderer.
DR. George Fl. Wells gave testimony at
the preliminary hearing. He said among
other things he had examined the girl
after the alleged assault had been com
mit;ed, but could form no positive con-
clusion This left the testimony of the
girl unsupported. making it doubtful il
a conviction could be obtained.