The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-30
fooxruusD vxox LAST wxxx.i
TRIAL OF III. KENNEDY,

tcoxTmuED SEox Last wxxx.1
TRIAL OF III. KENNEDY,
For the Killing OF Thomas n. O'oonns
at orin Creek, June ri, 1870.
Territory Va. J. J. Kennedy Indicted for murder
the arst degree.
Thouss Heady sworn-on aist II Juns, 1873. II live
on Grit Greek. between OConnors upper and low
mill. Was at the lower mill on day Of shooting. Wes
TO the mill with asmmon and Kenncdy. X. sad
wanted TO let me have come mich cows. X. told =
TO stop BY some yoksa cattle wAlis he went over N
talked with KArns Saw deceased come up wnil
Kennedy was away. orc. threw up his hands 10 driv
the horsss baek-drove them ACROSS the bridge. Kin
rode after the horses. Kennedy then ran past me .
his horse md followed. Invent 70 min and stosd witt
ostes-sav King coming back-wsnt ovr with him
o'C. and King mounted and rode Cd at galop.
emily heard shots. We met King haliooing Hes sko
the old man. Next saw Kennedy canning; he passe'
10 with his six shooter In right hand. He motiones
with his pistol that the old was MP there. Got Il
o'c, arst. He asked me TO turn him over and said-
oh God ny legs are numb; you win have TO hav,
help Some one came and we turned him over. II,
said, I'm shot In the back He asked for water-go,
~Ss1S-Wa1neo n1 sAhs shey uS0u4ut 0ASH eh0 vi
ried him down Stripped him and found wound ID
shoulder. x. came up where We found o'c. and
asked how he was. Hinton said, You've done enough
Joe, 20 away. orc. said something- remem1
bsr t. King had stick or feet long and may be
inch thick oC. was shot 800 or 400 yards from the
mill.
Cross kxamined-K. and Cannon called me out
from my house. Told X. would take the COWS. G..
said be thought oC would be satisned for me TO take
them.
When gave King the stick he said, may need 4,
ia my business. Al King rode OF Hinton said They
had better not crowd him Kingl he 10 liable TO use
II. II probably inch through ane ~ or feet
long.
fBy agreement l-Some days before had tai
with deceased about cutting some shineie stu6 and
went TO zee when should commence. Deceased said,
have turned all the property over TO ice. He had
read letter Joe had brought and said he had told ice
there was the property: that Joe had said You ought
to gather II up that deceased answered. You didn't
gather II up for me. and won'tfor you.
A. b. Gates sworn-Was engineer 1t O'C's mill June
u, 1879. Hesdy and I were at the engine when oc.
and X. met on the bridge and talked or 4 minutes
said. expect there's going to be trouble. Heady
thought 90 too ICorobors:ed other eyidencel After
hearing shots did not 20 up till had looked after en-
gtne-strong head OF steam on. Cagen. the herder.
came along and said he had better get the gun-told
him where II was Welt up with him till we met K
Talked with X. afer the shooting. Told him he hsd
better taken FOOLS sdvce and taken deceased 1t his
offer. Speaking Of the shooting X said Il would be
NO good to him, or discredit, bat thought he had
dore good thing for Deer Lodge coanty. Heard de-
ceased say previously that be would turn over the
property TO sstsfy the mortgage that be would give
$500 rather than have any tfoubis
Grass Examined-Heard deceased say he would tur,i
over property 70 satisfy the demand. II might have
been X. said he couldn't accept on account Of his 4
crsdtors. He said the shooting was no good to
him.
Dr.. A. II. Maehen sworp-Wss called to see orc.
on s9d or SD OF June, 1879. Found han soldering
from sunshot wound. Found the ball had entered the
body near the lower portion Of the right shoulder
blada. SAtteupsed % probe it-not successful. De-
ceased was suffering from paralysis Of lower limbs
and bladder. Had him brought to hospital; attend
ed him few days until had to be absent Probed |
wound again. here, and reached the spinal column.
The spinal cord was injured indicated BY paralysis
The result Of such wound IL DEATH Some writers
claim such injury Of the spinal cord Is not necessarily
fas but the preponderance Of authorities II against
hem. There was one wound under the chin. Just
.eroas-it was cut obliquely. The shoulder ball
struck, A. remember. an inch or two from, end
'assed In toward, the back bone. I examined the
'edy sitter the pet norfsm examination had been
,ed and found the ball bad entered the posteror cav
ty Of the left lung through the 7th rb pasred out
rough the 9th and 10th ribs and lodged on the head
( the humerus.
Think he died from the effects OF the wound I have
be ball taken from the wound II was round haIl.
Cross Exsmined-It was my Impression the ball
ianced. Il did not pursue Q direct line. II might
lance from bone OF from the smooth facia OF mus
e; judged glanced from the direction Of the bal
I'd the shape Of the wound where II entered. IL did
Of pufsue strength line The ecccrtriciies Of the
'urfe Of ball cannot DO readily accounted for. |
aese followed long examination In relation to gun
lot wounds In general. Net Kennedy coming 10 ]
wn with Sheriff McAndrews. Think he said some
ling shout IT beins bad business He gave me direc
ons about road and crossing OF the river
Thursday, April q, 1879.
George Shields sworn-3ometine previous to the
footing was ct Kennedv's house-owed him mon
!. and be had wrote me to pay him. Took him sI50
his house near VIM. Wallacc's. X. said he had got
to much trouble with deceased-that deceased !.
70 treating him very bad advised him to settle.
scratched his head and said He had almost q no.
IN II mind to shoot him. Only said 1t once. Told
IN not to think Of that-ts Rct clear 1t deceased be-
use be was bad man to yet along with In business
My X. and myself were present.
Gross Kxamined-Think this was In the fall Of the
Ar. 8 OF months before the shooting. Sometimes
10 difficult TO understand deceased-think he gaze
0 to unds'stand he would appeal to the lay.
DR.. A. X, Ives swon-was practicinc physician
T. agp-n x,.<x III
the sisters Hospital Deer Lodge. 1t that time suf
ring from bullet wound. TIE ball entered the y
dy u the Interior angle Of the right scapals ranged
ghtly upward, passed through the spinal column,
tered the cavity OF tho left lung passed out through
9th AID 10th ribs and lodged against the shoulder
ne where found t. visited o'C for Il or % dsys
sr he was placed In the hospital. He died ct the
spital sbout the s3d Of July. Made post ssorttm
animation. The bsiimust have entered the cavity
the lung during ex piratson-it left particles OF
ue protrudlng. which, BY inhalation. came In con-
4 with the lung. producing irritation. The wound
oduced his death. II where the spinal cord
freed o. cut In two the patieat rarely lives and never
,ovsrv- LAY last some little tine. Ihs innedi-
eject y paralysis below the point Of injury. y
seased was paralVssd pietey below the polnto
ury. Think he was between 30 and 90 years. Of u
,roas Examined Deceased was man Of much vi. 2
ity. Bsn catered shout 81 or inches from back \
as-do mot think Il glanced. Course OF ball seemed
Be On straight lipe. /
Redirscs-l fousd the BAH when made the exam q
tion- let II rsmsin until DR.. Michel came that he
KIT zee where Il stopped.
John Murray sworn-Lived at Ben Hoover's In June !
B. Saw Kennedy the night bcfofe deceived was q
y; be ssns V the hoses ana Knocked about or N
m.-esms in and went 10 bed. The day before to
en- X. was coming to Deer Lodge, he left his over
{ and six-shooser with me ] told him II was 70
rln. that Ne hsd better leave them K aad Gam OF
left together Saturday. X. said he wanted to
her up some stock-I didn't know whose. Never u
lrd K say anything shout O'C. ne
gorge J. Hinton recalled-I took pistol from K; w
ed him for u and be gave II TO melt looked like .
one In court; gave the pistol to King when he ~
rtsd 70 Deer Lodge - '-T'~l" r - -~.s~ W
district Attorney 11ayhew then offered the state -