The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-02-16
PAINTS CONbOY AS
DEFENDING Ills LIFE
Judge Robert. Farrell Declares
That Killing OF Bernard Lagan
Was justified

The case Of Michael Conboy. on trial
/ before Judge Frank Dunno for killing
Bernard Lagan on the night Of June
90 will go to the jury late this after
noon. It was expected that the fate OF
the former police captain would be in
the hands of the jurymen yesterday
evening, but the plan of the court was
changed by Judge Robert Farrell, as
sistant of Attorney Joseph Dunno in
, the defense. who spoke for four hours
II was not expected that Judge Far
rel would take SO long in addressing
the jury. but 1t was well near adjourn
ment time when the aged jurist
quoting the words Of Cardinal Richie
lieu when he asked for justice from
the king. completed his word picture OF
the character of the prisoner at the
/ bar.
Farrell began by describing the
standing of the Lagan and Conboy fam
lilies in the community. He pictured
the youthful happiness of Lagan and
the delightful evening he had spent
in the company of friends. He pic
! grandfather. offering the event 9
possible justification for drinking to
excess. Then he went with rapid
| force to the awful change that came
over the two families. the fate OF
Lagan and the sorrow of Conboy.
ONE INCIDENT FORGOTTEN
He spoke OF Conboy as great
good natured kind American
who. in 81 years of police duty, had
! never discharged his pistol until the
killing of Lagan. That he fired then
commended the speaker. was because he
thought himself in danger of great
bodily harm.
The attorney repeated with dramatic
force at intervals during his remarks
that Conboy had never before dis
charged his revolver while in the
police department. He made no ref
erehce to the Sunday morning Conboy
shot the top off a Kearny street car
and scattered the churchgoing people
| in many directions and his subsequent
appearance before the police commits
siOners for drunkenness at the time
of his bombardme1t.
WOMEN WEEP WITH LAWYER
When Judge Farrell finished his pic
ture of Conboy in his home surrounded
by his three daughters and a grand
child he gave way TO his own feelings
and cried. 1t had the same effect upor
one of the jurors. all of the women
present and few men spectators
'Conboy did not want to kill" con
tinued Farrell, and did not until il
was necessary. He was exercising the
God given right of self-defense, OF
f-protection. Conboy feared deatf
and bodily injury An old man, as he
is, under these conditions was JUST
fed in shooting. 1t. was not a pleas
ant task for him That killing still
rings in his ears and will ring until
| his death. But he is not to be con-
/ demned. He needs sympathy, not cen
! sure. He warned Lagan off. Bernard
! Lagan was the bodily aggressor.'
PROSECUTOR CHANGES STORY
District Attorney Charles NJ Fickert
| opened for the prosecution His re
marks were slow and hardly heard in
| all parts of the small courtroom. He
| spoke directly to the jury in careful
argumentative speech.
1t was not long until Fickert had
| dispeIled some OF the pictures that
/ Judge Farrell had so wildly painted
/ He had just finished a description OF
/ Conboy, drunken and wallowing in his
/ own vomit in the gutter, shooting
| down the Samaritan who had come to
| aid him, when an adjournment was
| taken until this morning at 1926
/ o'clock