The San Francisco call., 1910-03-30
STATE CLOSES IN
TRIAL OF CONBOY
Many Witnesses Testify That
Former Police Captain
Was Drunk
Dead Boys Sister Declares Her
Brothers Coat Has Been
Mutilated

With corrobora tive testimony bearing
on the condition of Michael Joseph Con-
boy at the time he shot and mortally
wounded Bernard Lagan, the state yes
terday closed its case against the for
mer captain of police. The defense
will begin the submission of testimony
this morning, and unless the present
plans of both sides miscarry the case
will be in the hands of jury for the
second time by Friday night or Satur-
day at noon.
The real test of strength between the
opposing sides is expected TO come with
the cross examination of the witnesses
of the defense. The prosecution case
has been submitted with comparatively
little opposition from the other side,
but when the defense begins the tear
ing down of the wall of damaging tes-
ttmony erected by the states attorneys
a sharp contest seems inevitable.
Twelve witnesses were placed upon
the stand yesterday by the prosecution
Carl E. Doud, who was at the central
emergency hospital when Conboy was
brought there, testified that the former
police officer was greatly agltated-
James D'Day, steward at the hospital,
identified the clothing taken from
Lagan's body. bearing the evidence of
the course which the bullet took that
ended the young mans life.
Pointing to rents in the undershirt
worn by her brother at the time of the
faltaI shooting, Margaret Lagan, sis
ter, declared that they had been made,
for whatever purpose. since the night
of the tragedy.
a grewSome touch was injected into
the trial when Daniel Lagan, brother
of the dead boy, donned the clothing
worn by the latter at the time of the
killing and stood before the jury while
Assistant District Attorney McNutt in
dicated the course which the bullet took
before entering the victims body.
Z. W. Hoag, real estate dealer who
was in the vicinity of Fillmore and
Ellis streets and saw what took place
between agan and Conboy. testified
that the defendant was yelling and de-
porting himself in the manner of a
man under the influence of liquor.
Policeman George Collins and Captain
of Police Eugene r. Wall. now chief
of detectives, stated that they had seen
and talked with Conboy subsequent TO
the shooting and that he was in
drunken condition. Wall testified that
the defendant had approached him in
the Office of the central police station
after being arrested and said:
What is all this about anyhow?
Let's settle this matter right now"
John D. OBrien and Arthur W. Will
liams, newspaper reporter on duty at
the Central emergency hospital on the
night of the shooting. testified that
Conboy was drunk when brought into
the ward to be identified by Lagan.
and that he denied having shot the
young man.
The only excitement of the day came
in a sharp tilt between opposing coun-
sci over the admissibility of evidence
by Williams concerning Lagan's dec
laratiOn that he had been shot without
cause. The testimony, however. was
allowed to stand.
Albert Roche, assistant bond and
warrant clerk at the time of the shoot
ing, identified the dying statement
which he took from La gan. He de-
clared that Conboy was present during
the taking of the statement and was
intoxicated.
With the testimony of Rev Father
John Byrne, who was called in TO at
tend Lagan, to the effect that Conboy
was drunk. the state closed its case
and court adjourned until this morning
at 10 o'clock.