EVIDENCE IS NOT STRONG

Only Circumstantial Evidence Is Brought Out 
in the Latest Butte Murder Case

Special by Leased Wire.
   Butte, Oct. 25.—Neither the verdict of the coroner’s jury nor the testimony introduced at the inquest, held tonight at Richards’ undertaking rooms, in the case of Henry J. Gallahan, found fatally shot and stabbed near the school of mines Monday evening, made the case against Miles Fuller, held on suspicion of being the murderer, much stronger.  The jury found that the deceased came to his end from a stab and a gunshot wound inflicted by some person or persons unknown, suspicion being thrown on Fuller, however.  The jury finding that, according to the evidence, it was Fuller’s gun found under Gallahan’s body.

   So far everything goes to show circumstantially that Fuller was the man who put an end to the old placer miner’s life, but there is as yet no a person who can identify Fuller as the man who was seen by several witnesses dueling with Gallahan. There is nothing in the way of description offered by the several witnesses, and although one man at the inquest tonight identified the gun found under Gallahan’s body as being Fullers, and although two witnesses claim to have seen Fuller following and watching the murdered man shortly before the tragedy, identification of the man who actually did the shooting is lacking in every particular.

   There was a great deal of immaterial evidence introduced at the inquest tonight, and the only witnesses who produced anything approaching a sensation were those who told of seeing Fuller following Gallahan, and the man who positively identified the weapon found under the dead man’s body as being Fuller’s.

Great Falls Tribute
Great Fall, Montana
10/26/1904

INQUEST OVER BODY OF GALLAHAN

Coroner Inquires Into the Death of the Placer Miner 
Who Was Murdered Monday Evening—Damaging 
Evidence Against Fuller, the Suspect Who Is Now in Custody

   New evidence of a damaging character was brought to light yesterday that points the finger of suspicion at Miles Fuller as the murderer of Henry J. Gallahan, the pioneer placer miner and prominent member of Lincoln post of the Grand Army of the Republic, who was killed in a lonely spot near the school of mines at 6 o’clock Monday night.  The finding of the sheriff’s officers and the testimony adduced at the inquest held over the remains of the murdered man at Richards’ undertaking rooms last night all tend to fasten the crime upon Fuller, who was arrested in his cabin by Sheriff Quinn shortly after the tragedy and is now held a prisoner at the county jail.  Tracks into which the shoes of Fuller fit perfectly were followed by officers from the spot where the shooting occurred directly to the cabin of the prisoner.  Then, the most import facts brought out at the coroner’s inquiry into the cause of death are to the effect that Fuller was seen at 5:45 o’clock Monday night crouching behind a corner of the McKinley school on West Park street, spying upon the movements of Gallahan, who had just passed west.

Fuller at the Inquest

   Fuller was the center of interest at the inquest.  He entered late in the custody of Sheriff Quinn and Deputy Sheriff William Haggerty and took a seat near that occupied by the witnesses. During the greater part of the hearing a derisive smile played over his cold, hard, grizzled features, to be replaced by a look of anger, flashing like flames from his gray, sneering eyes when the words of the witnesses were of a damaging character.  Fuller wears a long, full beard, black once, but now tinged with gray, and was dressed shabbily in overalls, long coat and black slouch hat, all showing the results of wear and hard usage.  His hands are rough and calloused and are evidently those of a hard worker.

   County Attorney Peter Breen assisted Coroner Egan in examining the witnesses and John Lindsay and Attorney James H. Baldwin appeared as counsel for Fuller. The latter would not allow the suspected murderer to take the stand.  The witnesses were William Semmons, Gus Almquist, 16-year-old Bessie Bray, J. H. Bishop, Hubert F. Harrington, Thomas J. Cook and Thurman Bray, all living in the vicinity of the scene of the shooting and among the first to reach the spot where Gallahan lay dying.  Others put on the stand were Dr. John C. Schapps, who, with Dr. W. H. Haviland, performed an autopsy on the body of Gallahan yesterday morning; Hershel J. Warfield and John F. Duggan, who saw Fuller and Gallahan on West Park street about 15 minutes before the shooting occurred; John H. Gooch, who identified the revolver found under Gallahan’s body as Fuller’s, and James Sweeney, W. E. R. McDonald, G. Lasker and Elijah Boyer, all of whom had heard Fuller threaten Gallahan’s life.

Gus Almquist’s Testimony

    Gus Almquist was on the scene when the first shot was fired he said.  His evidence, in effect, follows:

Thinks He Drew a Knife

    “His movements were hidden from me by a bush, but I believe he drew a knife from an inner pocket and then inflicted the wounds in the neck. It looked as if he took something from the dead man’s breast.  Semmons came up about that time and I asked if he had a gun and he said no, and I told him to get one, which he did, getting it from the house.  By that time the man had arisen and was running off toward the railroad track below the school of mines.  I ran to the man on the ground whom I recognized as Gallahan.  I had known him for 10 or 12 years and knew Fuller slightly, but could not identify him as the one who shot Gallahan.  It was growing dark, and the fading light struck across my face as I watched the duel.  I was the first to reach Gallahan’s side after the shooting.  He was lying on his face with his right hand raised to his head and his left bent under his body. Blood poured from both wounds, especially from the one in the neck.  He was not dead, and I reached him he partly turned over and raised up with his face toward me. He was not able to speak, and I could see he would not live but a few moments.” Almquist then told of going after the man who had made off.

   Williams Semmons was before him.

 Semmons Saw the Duel

    Semmons took the witness stand and told of seeing the duel from a distance of a stone’s throw.  He was the second one on the scene besides the participants and said he ran out of his home, which is close by, attracted by the first shot. The he saw shots exchanged, and after the man fell ran after the one who made off, going first northwest and then west along the railroad track.  He couldn’t get to see the man’s face, for the latter held his head low and crouched, the witness testified.  He described the fugitive as wearing a long, dark coat and slouch hat and with a peculiar running gait. It was impossible to overtake the man and the chase was given up.

   J. H Bishop gave the same account of the duel, seen from a greater distance above.

 Huntington Found the Revolver

    Hubert Huntington testified that he turned the body of Gallahan over on its back and found the revolver, afterward identified by John Goech as belonging to Fuller.  How this gun, if it is not the one used by Gallahan during the duel, happened to be under the dead body, is a question that is puzzling the officers.  One theory advanced is that when Gallahan’s opponent bent over him to finish his job with a knife, he dropped the gun to draw the blade, and when the deed was done hastily grabbed for the first gun that came to hand and accidentally got Gallahan’s instead of his own.

   Dr. Schapps described the wounds found upon Gallahan’s body at the autopsy.  There were only two.  The bullet wound extended from an entrance over the left eye to just under the skin behind the left ear, having passed through the brain.  The bullet was much battered up and shapeless.  It was thought to be about a 44 or 45 caliber.  The physician testified that it was his opinion that the wound in the neck was that of a knife ripping forward and backward, thus causing the V-shaped wound.  It was three inches long and deep, he testified, completely severing the jugular vein and cutting the carotid artery.  Either wound, he believe, would have caused death.

 Saw Fuller Acting Suspiciously

    Herschel Warfield was one of the most important witnesses.  He said that he left the school of mines about 5:45 o’clock Monday afternoon, going east on Park street in company with John S. Duggan, also a student.  He said he had known Fuller by the name of “Lizzie,” or “Lizzie Block,” as a man with a hard reputation for the last five years, and it was this fact that attracted his attention when he saw him standing being the southeast corner of the McKinley school.  He continued:   “We had just passed Gallahan, whom I have known for some time, crossing west of the school.  Fuller was acting peculiarly, and I turned to see what he was doing.  He peeked around the corner, intently watching Gallahan, who stopped on the bridge to light his pipe.  I didn’t think any more about it, and we went on.”

   Duggan had not observed so closely, not knowing the men, but corroborated Warfield’s testimony and told of seeing Gallahan descend the steep embankment, going south after crossing the bridge.  This would be in the direction of his cabin and also the scene where the shooting took place shortly afterwards.

 Gallahan Borrowed a Revolver  

   James Sweeney, a friend of Gallahan, told of advising the latter to go armed after finding strychnine in his sugar.  He testified that Gallahan borrowed a revolver from “Old Henry,” a hack driver, and he thought it was of 38 caliber with a black handle and not the revolver exhibited as that found under Gallahan’s dead body.  Gallahan had told Sweeney that Fuller would kill him if he got a chance.  John Goech not only identified the gun as that of Fuller, but told of hearing Fuller threaten to kill Gallahan only three weeks ago, when the latter was riding on a wagon with the witness down near the Tivoil brewery.  Goech said Gallahan was afraid of Fuller.  Pointing to the revolver on the table, the witness exclaimed: “He put that same gun in my face about a year ago.  I’d know it 20 years from now.”

   W. E. R. McDonald testified that Fuller told him last June he would make a corpse of Gallahan before snow flew.  This was the result, the witness thought of difficulty between the two over placer ground extending as far back as nine years ago.  

Shoes Fit the Tracks

    The shoes worn by Fuller were taken into custody and are unusual in shape.  They were taken by Under Sheriff McGarvey and Deputy Kirby to the scene of the shooting yesterday and they fitted into the tracks leading toward the railroad tracks.  These tracks could not be followed along the track for about one-eighth of a mile, but were found leading away and were never lost until they entered the cabin of Fuller.  Deputy Sheriff Kirby made a search of the cabin and brought away two long coats, one a cutaway had thought to be the garment as described as the long coat worn by the man who left the scene of the shooting.  Such a coat Fuller wore when seen by Warfiled near the McKinley school, the man said, contrary to the statement made by Fuller, who argued that he went to town in overalls and a jumper.  Nothing else of interest was found in Fuller’s cabin.

The Anaconda Standard
Anaconda, Montana
10/26/1904

MINER IS VICTIM OF AN ASSASSIN

HENRY J. GALLAHAN, OLD-TIMER OF BUTTE, 
IS MURDERED IN COLD BLOOD

SUSPECT IS IN CUSTODY

Fatal attack occurs early in the evening and is seen by persons 
living nearby—Police arrest Miles Fullerton on suspicion. Dead 
man’s body found with a bullet in the head and the jugular vein 
severed—Revenge believed to have been motive.

 
   With a bullet in his head and his jugular vein severed with a knife, Henry J. Gallahan, an old-tune placer miner of Butte, is cold in death as the result of an attack made upon him about 6 o’clock last evening as he was crossing a lonely part of the old brick yard on the west side, opposite the 1,200 block on West Gold street. Persons living in the vicinity heard three shots ring out and were on the scene in time to see a dark figure stoop over the prostrate form and then hasten off in a southwesterly direction across the B.A.& P. tracks. Police headquarters and the sheriff’s office were immediately notified, and officers were scouring the surrounding country shortly after, with the result that Miles Fullerton, known about Butte for a number of years as “Lizzie Block,” is a prisoner at the county jail under suspicion that he is the murderer.  He is known to have threatened on a number of occasions to end Gallahan’s life before Christmas, 1904.  There is said to be other evidence in hand leading to the belief that Fullerton committed the foul deed.  Coroner Egan was notified of the death and was on the scene shortly after the officers.  He made a thorough examination and ordered the remains removed to Richards’ undertaking rooms, where an inquest will be held at 7 o’clock tonight. Arrangement for the funeral have not been made.

Both Men Placer Miners

    Like Gallahan, Fullerton is a placer miner living in or near Butte for a number of years. Both live alone in cabins southwest of the city. The bitter feeling between the two, it is said, has existed since the murder of Adolphe Schwade, whose body, with a bullet wound through the heart, was found in the tunnel of a mine of Butte in 1897. Sam Phillips, said to be still in the city, was tried for the crime, Fullerton being the principal witness against him.  But Phillips easily proved an alibi and was acquitted. He was in Spokane when Schwade was shot.  Suspicion has pointed to Fullerton as the real murderer and, according to acquaintances, Gallahan has often accused Fullerton of committing the deed.  This is said to have been the ground for the enmity between the two and the probable motive for last night’s murder.

Narrowly Escaped Poisoning

    Gallahan used this to sweeten his coffee and, noting the peculiar taste, brought the contents of the sugar bowl to City Physician T. J. Sullivan to be tested.  A large quantity of the deadly poison was found as a result of the examination.  Since then Gallahan has converted his cabin, which sits back from the public highway, near the junction of the Burlington and Silver Bow roads, into a fortress, as if he feared an attack at any time.  Windows and doors were found heavily barred with iron when the officers searched it after the shooting.  It is said Gallahan has been in the habit of making entrance to and exit from the place through a small window closed by a heavy wooden shutter, which he double padlocked behind him.  He was in constant fear of his life.

Murderer Lay in Wait

   As far as can be learned, no person was in sight or hearing when Gallahan met the man who sought his life in the lonely spot in the brickyard.  It is thought the latter lay in wait. It must have been known to him that Gallahan came home from work on a small lease just back of Senator W. A. Clark’s barn, and it was known he crossed that way to reach his cabin, about half a mile southwest, for that was his habit.

   The quick, sharp reports of the shooting caused a stir and considerable excitement among the few families living in the neighborhood. There was a rush from the three or four houses there, and, as far as could be learned, four men and a little girl were soon upon the scene.

   Among these were William Symons and Gus Olnquist. The latter was just in time to see the dark figure of a man in rather a long, loose black overcoat and dark slouch hat stoop over what later proved to be the dead body of Gallahan.  This man quickly raised to an upright position and was away before any one was close enough to recognize him.

The Murderer’s Weapon

   Under the body and just above the hips was found an old-fashioned English bulldog .44-caliber revolver, with bone handle and with every cartridge empty. This is thought to be the gun used by the murderer.  It would have been almost impossible for Gallahan to place it in the position in which it was found had it been a case of suicide.  It is thought the revolver was slipped under Gallahan’s dead body to make it appear that he took his own life.

   There was a theory at first that Gallahan and his murderer were both armed; that they deliberately planned to fight a duel and met upon the lonely brickyard by agreement, and that Gallahan was struck when shots were exchanged.  Later developments caused the officers at work upon the case to abandon this theory. Those who appeared early on the scene were Sheriff Quinn and Under Sheriff McGarvey, with Deputies Maher and Burke, Chief of Police Mulholland and Detectives Murphy and Byrne.

Search for Guilty Man  

    A systematic search was immediately effected, the sheriff and under sheriff driving off in the direction which it was said the fleeing fugitive had taken.  The facts of the enmity felt by Fullerton for Gallahan and the former’s alleged threats to take the life of the latter were gathered, and Fullerton’s cabin was immediately sought.  It is situated about two and one-half miles southwest of Butte, south of the railroad tracks, just across Silver Bow creek and back of the old Colorado concentrator.  Fullerton was inside and opened the door to Sheriff Quinn.  The latter asked how long Fullerton had been there and was told about two hours.  It was then 8 o’clock, but after looking about the room and noting the coat hastily thrown on the head of the bed and the fact that the fire in the stove was only lately lit, the officer came to the conclusion that Fullerton had entered less than half an hour before him.  Fullerton was told what he was wanted for and immediately denied the charge. He was not disposed to talk much, however, but admitted his hatred for Gallahan.  Asked where he had been during the day Fullerton said he was in town and left for home shortly after 5 o’clock.  

Appears to Be Confused  

   In the course of subsequent conversation, the prisoner spoke of having a six-shooter, but later, when the sheriff asked to see the gun, Fullerton could not produce it and said it was a rifle he referred to.  Before leaving for town the sheriff allowed the prisoner to see James King, a milk dealer living near Fullerton’s cabin, with whom the latter asked to leave his keys that his property might be cared for.  Talking with King alone, Quinn learned that he had passed Fullerton’s cabin at 7 o’clock and noticed no light there. On the way to the courthouse Fullerton, it was said, persistently refused to talk of the shooting and treated the matter in a disinterested and cold-blooded manner, but he spoke rather freely of the murder of Adolph Schwade referred to above.

   When Fullerton was asked, after being brought to the jail, if he would consent to an interview or wished to make any statement for the newspaper, he cursed reporters in general in no uncertain terms.  

No Clews Discovered  

   He was searched by the jailer and his clothing was carefully inspected for blood stains.  None were found upon his hands or apparel and no weapon was discovered.  If a knife was used by the murderer to make death doubly sure, as is generally believed by the officers and others who made an examination of the wound in Gallahan’s neck, it was hidden after the deed was done.  However, the theory is held by some, among whom is Coroner Egan, that the wound in the neck, which was about three inches long and forked at the end like a letter Y, was caused by a bullet which just grazed the surface, cutting the skin open in its passage.

   The fact that the cut is forked gave rise to the idea that a knife was used. The officers found no knife in Fullerton’s cabin that might have been used to do the cutting, nor was there any revolver discovered during the search of the man’s abode, but nevertheless, the officers feel confident they have the right man in Fullerton, as was shown by the fact that the search was abandoned as soon as he was placed under arrest.

Evidence Against Fullerton

   The principal evidence against Fullerton, as far as gathered, is: His declared hatred for Gallahan and threats made against the latter’s life; the direction in which the murderer was seen to run from the scene of the murder and the description given of this man. Fullerton answers this description, and the murderer was seen to go in the same general path that would be taken across the railroad tracks to reach Fullerton’s cabin from the spot where the dead body of Gallahan lay.  To reach the cabin a person would not need to pass a single dwelling.  The section is sparsely settled.  Fullerton, who is best known as “Lizzie Block” in the gambling houses of Butte, has the reputation of being very quarrelsome. It is declared he has constantly carried an ugly knife on his person. A few years ago, according to one story, he made a “cleanup” on a placer claim and came to Butte for a big time.

In Much Trouble

    It was with difficulty that he was finally overpowered and taken from the room. He also had difficulty over placer claims and, it is reported, threatened to kill those opposed to him. Edward Ayers will be one of the witnesses at the inquest tonight. It was he who gave information to the effect that Fullerton has repeatedly threatened to take Gallahan’s life before next Christmas.

The Anaconda Standard
Anaconda, Montana
10/25/1904