The San Francisco call., 1909-10-14

by gunshot fred from a
pistol In the hands of Michael Joseph
Conboy, and we further charge the said
Michael Joseph Conboy with the crime
of murder
Former Police Captain Michael Jo-
seph Conboy was charged with the
murder of Bernard Lagan yesterday by
a ooroner's jury. The force of the YER
dict was great. in view of the fact
that Ccnboy had a shrewd attorney in
the person of Joseph j. Dunno to look
out for his interests and that a strong
line of witnesses swores desperately in
the veteran policeman's behalf
Conboyis defense, as far as he was
able to present it, was justifable homi-
eide, on the ground that Lagan had
| consider that version of the tragedy.
the only split in the jury room being
between verdicts of manslaughter and
murder.
1t took four ballots to secure a solid
alignment for murder. The ballots
stood. respectively. seven to four; six
to five. eight to three. and II, the ma
jority on each ballot voting murder.
Coroner t. B. w Leland approved the
vsrdisA 81
The more serious offense was charged
after the jury had deiiberated an hour
and had been shown the blood stained
clothing of the dead man. 1t had been
contended by many witnesses that La
gan slipped his coat almost entirety on
in his preparation TO attack Conboy;
I but an examination of the garment
showed that it was pierced by a bullet
Had the coat been off the unfortunate
young mans body it would not show
bullet mark
Witnesses at Variance
Members of the police department,
Adoiph Becker, proprietor OF the odeon
cafe. Mrs Louise L. Muirhead and
other witnesses. friends OF Conboy.
swore that. the police captain was
either perfectly sober or In a. highly
nervous state, but not under the infiu-
ence of liquor previous to and after
the time he shot Lagan. Other and
more disinterested witnesses declared
that Conboy was very drunk when he
fired his revolver and afterward.
Assistant District Attorney Ben Bloch
and Special Prosecutor w. L. STAFFORD
representing the Lagan family, ap-
peared in the case yesterday. Their
advent was the signal for clash with
Attorney Dunno over the efforts of
Conboys lawyer to weaken the tasti-
nony Of witnesses by introducing what
Bloch considered to be extraneous mat
ter. Coroner Leland declared that he
would accept Bloch's Interpretation of
the law. and Bloch stated to what ex-
tent the cross examination could go.
Scene Of Tragedy Viewed
The jury viewed the scene of the
tragedy yesterday morning. The wit
nesses examined yesterday were Edwin
McKenna, Policemen E. Kearn, Mau-
rice o'Dowd and Charles Galvan;
Adolph Becker. proprietor of the Odeon
cafe: Mrs. Ella Ralston. r. H. Blumen-
berg, r. S. Harris, r. A. Strothers,
Harry Leavenworth. George Allen.
Charles Barron, Mrs. Muirhead. Police
man David B. Sullivan and Detective
Sergeant Thomas G. Murphy. Barron
and BIumenberg testified that they
heard three shots fired instead OF the
two the other witnesses noticed.
Attorney Dunno wanted emphasis
placed on the code section defining JUS,
tifabie homicide. but Coroner Leland
refused to lead the jury. When the
verdict was returned Miss Conboy.
daughter of the accused police officer.
uttered a cry of grief and surprise.
Conboy would not discuss the verdict.
nor would Miss NJ. Lagan, sister of the
dead man.
The following were on the jury
T. j. Gardner. foremani Fabian s. Joost
William H. Stansbury ALLEN A. Barstow
Louis J. Fotro J.. II. Wsllach
Emile Cert w. A. Benjamin
George +. Palmer Merreft ID. Robson