The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-11-06
MURDER
b. IT j" . CASE.
George W. DOnahue Convicted Of Man.
slaughter In the Second Degree.
HIS BHOTHRR RELEASED ON BAIL.

The. trial of"The State Is. George W.
Donahus" at Litchfeld, Meeker county,
occupied all Of last week. The facts in
this case are briefly as follows:
James Flynn, the murdered man, had &C.
oupied claim Of 100 acres in tho Big
Woods for about fourteen years, but hav-
Ing never made final proof on it had teoh-
nioally forfeited his right to ths land. In
the spring Of 1871 George W. Donahue ana
his brother, A. J. -Donahus, came from
Kentuoky looking for. homesteads, and
learning that Flynn's claim Was liable to
DO dumped" Geo. W. filed on 80 acres Of
it % = homestead in the St. Cloud Land
Once, May 1st Of that year. Two days
Afterwards the two brothers began cutting
logs for house on this homestead, with
IN forty rods Of Flynn's shanty, and ap
parently anticipating trouble had armed
themselves with double-barreled shot
gun and Spencer rifle. Flynn, armine
himself with an old musket loaded with
chicken shot, ordered them to leave. Hot
words followed between Flynn and George
Donahue, (heard but not understood by
two neighbors fifty rods away and then
three shots, in rapid succession, all fred
by Donahue. The first two, shot from the
gun, took effect in tho back of Flynn's
legs, and the third. ball from the rife,
under and behind his right ear, coming out
OF the left eye. proving fatal. Flynn fell
within thirty feet Of where Donahue prob
ably stood.
The defense claimed that Flynn cooked
his gun and threatened to shoot before
Donshue fired, and advanced until the lat
ter discharged the shotgun, when he
jumped to avoid the shot and turned his
back that he was. still advancing when
shot with the rifle; that Donahue first en-
deavored to disable Flynn by shooting him
in the legs, but was obliged to use the
rife in sel1,defense. This theory was sup
ported by the testimony of Geo. W. Dona-
hue his brother not being put on the stand)
and BY. certain facts as to the position
Of the body.
=. Nynn's body was found by two: neigh
bors who came up in few minutes. His
musket lay near him, cooked but not cap
ped, and he had no caps and no smmuhi-'
ton except the load in the gun. Donahue
gave himself up 1t once, claiming that he
had shot Flynn in self.defsnse, and exon
Grating his brother. But on the following
day, while being taken to jail At Litchheld,
both escaped. Tho defense clsimed that
this was because they feared lynching On
the part Of Flyan's friends. A large re-
| ward was offered for the capture Of tho
nurderers, and they were finally tracke ID
to tho mountains of Kentucky, re.arrested
last spring and brought back to Litchfeld
for trial.
The jury deliberated for long time,
standing six for acquittal to six for YER
dict Of manslaughter IN the second degree.
A "oompromise' verdict of manslaughter
in the fourth degree was finally agreed up
on, and the prisoner was sentenced to the
state Prison for two years. A. J. Dona
hue, also indicted, was not put on trial, but
Was released on bail for his appearance at
the next term Of court.
| The prosecution was conducted by Col.
Bradley, Of Minneapolis, and Messrs. G. H.
strobeck and F. Belfey, of Litchfeld; and
the defense by Hon. H. L. Gordon, Of this
city TO whom We are indebted for the OUT
line Of this report) and Mr.. E. A. Campbell.
| Of Litch6eld.
| -