The San Francisco call., 1910-03-29
SECOND TRIAL OF
CONBOY IS BEGUN
Former Police Captain Accused
of Numbering Youth Again
Faces a jury

With several warm discussions be
tween attorneys and the promise OF
further clashes to come, the second
trial of Michael Joseph Conboy, for
mer police captain, charged with the
murder of Bernard Lagan, was begun
Yesterday morning with the taking of
testimony from witnesses for the prose
cution. During the course of the hear
ing the defense and prosecution both
lost contentious submitted to the de-
cision of Judge Dunno. but on the whole
the day was strongly in the states
favor
Both the district attorney and the de
fense attacked the case with a spirit
that showed that neither wished this
trial to end in a disa greement by the
jury. as did the first trial
COURT BARS EVIDENCE
Judge Dunno ruled from the case
one of the points upon which At
torney J. J. Dunno. appearing for Con-
bov. based an important part of his ar
gument to the jury in the last trial.
Both District Attorney Charles Nj.
Fickert and Assistant District Attorney
Maxwell McNutt objected in strong
terms to the. admission of afstatement
made bv Sergeant of Police Philip z.
Freher, who declared that Conboy had
said to him, as he was leading the cap
tain from the emergency hospital, that
The man l had the trouble with was
larger and older than the man in the
cot
Attorney Dunno contended that this
should be admitted TO consideration by
the jury. as it was a part of the pro-
ceedings that took place before Lagan's
bed in the hospital when Conboy was
brought in to be identified by the dying
man. When Lagan stated that Conboy
was his assailant the captain said: Il
never shot that boy. | wouldn't harm
a hair of his head"
Judge Dunno ruled that the defend
ants remark could not be called a part
of the proceedings in the ward, as Con-
boy had passed out of the ward, through
the operating room, and was about to
leave the building when he spoke.
The district attorney contended that
the statement by Conboy, made after
cogitation and much later than his
spontaneous denial when confronted
with Lagan, was designed solely to
aid his cause.
CHARGE VICTIM WAS DRUNK
During the morning Session of court
Attorney Dunno made a strong effort
to make IL appear that Lagan himself
6a q been 0TlDklnS Wnen ne
ConboY in Ellis street, and, by offer
ing TO raise the drunken captain to his
feet from the gutter in which he had
fallen, incurred the policeman's wrath
and was shot. George Greenwood, La
gan's companion on the night he was
wounded, was placed on the stand, and
Dunno questioned him in detail upon
the amount of liquor Lagan had drunk
at the home of Miss Lillian Ralston,
rx-hn hnrSp Nrn
ing when they encountered Conboy.
Greenwood, later supported by Miss
Ralston in his testimony, declared that
the boy had less than one glass of
beer.
Miss Ralston related that the only
liuuor in her house during the evening
of June %. when the shooting took
place. was two bottles of beer which
her mother purchased for the little
gathering Miss Amelia Musante, an
other of the guests at the party, stated
that Lagan was perfectly sober when
he left the house.
KINDLY ACT ILL REWARDED
Edward ]. McKenna, perhaps the
principal witness for the state, was
called during the afternoon. He related
again how he was walking along Fill
more street when the drunken form of
Conboy. clinging to lamp post, arrest
ed his attention. He stood upon the cor
ner watching the befuddled captain for
a time, and saw Lagan approach, help
the captain to his feet and saw the
shots that followed the act
The defense made no attempt yester-
day to prove that Conboy was not in
toxicated when the shooting took place.
Their contention at this trial. it seems
will be limited to the statement that
Conboy fully believed that Lagan was
attempting to rob him.
Among those who testified yesterday
were John Ulrich, DR.. Charles B. Pink
ham, emergency surgeon, DR. John
Lagan and Policeman Maurice O'Dowd
Some vital parts of the testimony of
DIR. John Lagan can not be presented
until foundation for them is laid by
the testimony of Arthur Williams, a
newSpaperman, who is now in Sacra-
mento. He viii be summoned to court
this afternoon.
The hearing will be continued at
10:15 o'clock this morning.