The San Francisco call., 1909-11-17
CONDOY. ON TRIAL
FOR IAGAN'S DEATH
Former Captain of Police Faces
Jury on Charge of MUIR
dering Youth
Companion of Dead Boy Gives
Dramatic Recital of the
Fatal Shooting

Michael Joseph Conboy, former cap
tain of police. who was recently dis
charged by the police commission for
having shot and killed Bernard Lagan
on the night of June %, was brought
to trial yesterday afternoon before Po-
lice Judge Weller on a charge of muir
der. Several witnesses were called by
the prosecution, the story of the shoot
ing was told by eye witnesses and the
case was continued until Thursday
afternoon.
George B. Greenwood, who was young
Lagan's companion on the night of the
shooting, was the chief witness of the
day, his recital of the circumstances
connected with the affair putting it in
the light of the wanton murder by a
drunken man of one who had attempted
to assist him after he had fallen to the
sidewalk. Joseph Dunno, one of the
attorneys for Conboy, conducted the
cross examination of the witness and
made plain that the defense will at
tempt to discredit the testimony of
Greenwood on the theory that the lat
ter's recital of the facts was colored by
his friendship for Lagan and will also
attempt to prove that Greenwood him
self was intoxicated to an extent which
made him uncertain of what actually.
occurred
DENIES BEING INTOXICATED
Greenwood admitted without hesita-
tion that during the evening, between
o'clock and 1:30 o'clock in the morn
ing, he had taken several glasses of
beer, but in response to the direct
question as TO whether he was intoxi-
Gated. asserted that he was not so in
the least. Dunno, however, dwelt at
length upon this phase of the examina-
tion and attempted to secure from the
witness statements contradictory of
those made by him at the coroner's
inquest and at the trial before the po-
lice commissioners.
Greenwood said that he and Lagan
had spent the time from about 5
o'clock until midnight on the evening
of June % at the home of Mrs Raj
ston at 401 Franklin street and had
then started for home. Lagan, he
said. had drank nothing while at Mrs.
Ralstons, while he had taken one or
two glasses of beer. They stopped at
one or two saloons and then went to
restaurant at Ellis and Buchanan
streets. Leaving there they went west
in Ellis street to the point near Fill
more. where the shooting took place.
The witness testified that Conboy
was leaning against a lamppost and
shouting at the top of his voice, SO
they heard him at the time they
crossed Webster street AS they were
about to pass him he slipped and fell
to the sidewalk and Lagan helped him
to his feet, while the witness walked
on toward the corner. As Lagan
turned away, declared Greenwood, Con-
boy began to abuse him in the vilest
language, calling him a thief and a
pickpocket. Lagan turned back and
demanded to know why he was being
assailed. He made as If to pull off
his coat, when Conboy shouted to him
to "get away or I'll shoot and at the
same instant Whipped gut his revolver
and fired twice at a range Of three or
four feet
ILLUSTRATES SHOOTING
Greenwood was asked to take the
revolver with which the shooting was
done and illustrated the relative posi-
tions of the two men and the manner
in which the shooting was done. He
said that when Lagan was taken away
in an automobile to the hospital he
wished to accompany him, but was re-
fused permission to do so by Police
man O'Dowd.
Dr. Charles Pinkham, DR.. James III.
O'Connor and DIR. John Lagan testified
as to young Lagans condition after
the shooting and Miss Margaret Lagan,
sister of the dead man, told of his
death October 6. Doctor Pinlxham said
that after the injured man was taken
to the hospital Conboy was brought
before him and denied having shot him.
Conboy was identified by Lagan after
he had put on the overcoat which he
had worn at the time of the shooting,
but still stood at the foot of the bed
and persisted in his denials that he
had done the shooting.
Edwin II. Williams, an attorney,
who reached the scene of the shooting
a minute or two after it happened, said
that Conboy was still leaning against
the lamppost telling those around him
that he lad not done 1t and declaring
II am no shooting man..
Conboy was represented in court by
Attorneys Joseph Dunno and Joseph
O'Donnell and was accompanied by his
two daughters and Mrs. Louise Muir
head. The prosecution was conducted
by Assistant District Attorney Bloch.
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