The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-19
HARD CLASH COMES
CITY AND COUNTY OFFICIALS
NOT IN HARMONY.
TROUBLE OVER AN ARREST
Each Side Certain It Is Right and the
Matter May Cause Complica-
tons Before It Is Fully
Settled.

when Greek meets Greek, then comes
the tug of war; and when the chief of
police and the county attorneys Office
| clash, then comes along something that
generally does not go down on the
| records.
The chief of police and the county at
! torney's office clashed yesterday, and the
| result was that a man accused of petty
! larceny got his liberty and that the rec
| Ords at the city Jail show he was released
| because Assistant County Attorney
| Yancey would not issue complaint
| against him.
But the matter does not end there. r.
r. Mallahan, the accused in the case,
will be taken into custody again. This
| time he will face complaint sworn to
by Clerk Winn of the police court, and
| he will be arraigned in the morning.
Matter of Conjecture.
What the outcome will be is of course
only matter of conjecture, but as mat
tiers now stand it would appear that
Greek has met Greek, and then another
Greek.
Chief Reynolds says he knew nothing
OF the complaint sworn to by Clerk Winn
until he ran across it this afternoon.
Mallahan was arrested Tuesday right
at the direction of Chief Reynolds. The
chief says the arrest was ordered BY him
on the strength Of telephone co'nJnuni-
cation from Theodore Werlen proprietor
of the Great Northern saloon.
Werlen. according to the chief, stated
that Mallahan. who was then in his sa-
loon, had about a year ago sold him an
Overcoat, which he claimed M3llahan
stole from Curley Mcdonald.
Reynolds says Werlen promised to APP
court ~
to complaint and that the arrest of
Mallahan was then ordered.
Not in Court.
Werlen was not in court yesterday
morning when Mallahan was arrsigned.
There was consequently no info, nation
against the accused, but rotWlthstand-
sworn to by him against the accused, bit
notwithstanding that, his plea was taken
and his case set for tomorrow afternoon.
Mallahan and his father both claimed
the accused was innocent. and Mr.. Mail !
lahan senior wanted to see the authority
for the arrest of his soa.
Detective Murphy stated that he had
seen Werlen going into the county co.rt-
house, and Chief Reynolds at once called
the county attorneys Office by phone to
learn whether Werlen had been given a
complaint against Mallahan.
Reynolds says Mr.. Yancey informed
him he had declined to issue the co:h-
plant for certain reasons.
The chief of police then replied that
he had no information against Mallahan
and that unless the county attorneys
Office would issue one there was nothing
left but to release Mallehau.
Telephone Message Received.
Mr.. Mallahan senior then departed for
the county attorneys Office, and shortly
after Detective Murphy received tale-
phone message, which he says was from
Mr.. Yancey, to the effect that no COM
plant had been issued against Malta na.!;
that he had better be released, 5;.t that
the matter was up to the chief Of police.
Murphy delivered the message to Rey- /
nolds, and within a few minutes MALTA ,
han senior returned and corroborated 1t. !
Judge Boyle then took hand in the !
proceedings, and called up Mr.. Yancey I
over the telephone. He says he told Mr.. !
Yancey that the case was within the
Jurisdiction of the police court and that
Mr. Yancey had replied "All right" or
words to that effect.
+ Later in the day the matter was ar
gued pro and CON- with the result that !
Mallahan was released on the UNDER I
standing that he wcnid appear VOluntar- /
lily should subsequent developments re-
quire his presence in court. The matter |
was then thought to have been dropped !
Information Is Filed.
Not so, however, as during a discussion !
this morning it developed that a city in
formation had been filed against MALTA
han.
Chief Reynolds was informed the infor-
nation was filed Tuesday night, and fear
ing there was possibility that he over
looked it and an investigation was made.
The complaint was produced and was |
found to have been produced yesterday |
by Clerk VIM. That complicated mat
tiers more, and when Jaiier Sci Levy in |
formed Chief Reynolds that Mallahan
would call at the jau this evening the
chief ordered that be detained until the |
matter could be Strengthened out.
Now the atmosphere In the vicinity OF
the city jail is pervaded by such remarks
as Il will see who is right or I'VE will
see who is wrong" or Matters Will be
eyened up with some one."
Clerk VIM Explains.
Clerk VIM stated this afternoon that
he arraigned Mallahan on an iuforma-
ton which he had sworn to after the
manner of frequent similar Instances
Judge Boyle stated that the county at
tC:neyS Office was COenizant of the fact