The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-30

70 get the stock had gotten Il in bis possession
-than dsceased and King rode up directly at aim
Kennedy called ont to thsm to stop they kept advan
d cling; Kennedy believed O'Connos was armed, a,
something lying across in front Of him. he then pulle
!, his pistol and fired, believing he was In danger
I bodily harm. We expect to show the real object
these men was TO take the property away from Kenne
dy BY force. If necessary using their clubs ON him
also to show the object 70 deprive Of his prop
. erty. Under these circumstances we believe K. wa
Q justified We will submit his character and show de
ceased was dishonest and troublesome that X en-
dured much from him and never exhibited any malic,
and only asked his nights. With these facts we viii
} ask yos to acquit our client.
/ The two mortgages from deceased to X were tbep
offered In evidence Objected to - being no defense
In the case admitted to show provocaon but not the
right to kin oC.l
Mr.. Robinson read
$500. Deer Lodge, Montana. II June. 1878
On or before the 18th day Of June A. D. 1879, fo7
value received promise TO pay to the order Of Jo.
seph j. Kennedy thirty-fve hundred dollars in United
gold coin, with interest th.r from date
vi paid It the rate Of two (sl per cent per month-f
not paid when due to bear interest after dae until
paid at the same rate, and all interest payable % the
principal In U. 9. gold coin.
! lsignedl THOMAS H. o'CoNNoR.
- s75 Deer Lodge Montana, Sept 8, 1878.
On or before the 18th day Of June, A. D. 1873. for
value received promise to pay Joseph j. Kennedy,
OF order Five thousand two hundred and sxty-seven
oioo dollars with Interest thereon from date, both
and after maturity at the rate Of one and three
quarters per cent per month, until paid.
Isignedl THOMAS II. o'CoNNoR.
The ehsttel mortgages securing these notes were
then read. They cover 100 acres OF land On Gria
Creek, the Lake mill and grist mill, buildings
machinery and appurtenances: 80 head Of cattle, Q
wagons acolts. II horses. mules, 100 700 feet Of
lumber. and shingles, ETC.. etc.
Adjourned to 1:so p. m.
1880 p. m. Thursday. Lou p. Smith, Under sher
\ ~ sworn-hAd In my possession, with
the pistol 10 court club had tn adjournment OF
last term Of court. You fKnowiesl told me to pre-
serve III pat u In drawer In Office; thsre was stick
pistol. scaobord, and, think. bek The stick was
piece OF 'edgine"-the second cut should Judge.
| IL hsd wane edge; II was about IH inches one way
and less the other; had some bark on IL; enc end
whitfield tapering; other nearly square. II was
sappy, heavy piece Of wood hand hold probably ave
inches long, the square part 10 or Is inches long
rather nve sded first saw 1t In possession Of Sheriff
was told 1t remained In the Sherifs Office until few
days ago.
J.J. Kennedy fdefendantl sworn-On or before 18th
Of june, 1873. went to OConnor's mill with piece of
paper. twas the date Of the expiration Of mortgage
Went to mill 10 demand property. Read the instruc-
ions Of my counsel about mortgage being due, 10 de-
ceased. Bad read IL nearly through when deceased
asked me for IT, read II through. He said he had the
stock In the pasture for me- that he could have taken
the advantage of me II he wanted IT, but that he had
the rtock there for me; he described the stock he
would Rive-horses. oxen and cows-the Jokes, hm-
ness, chaips. wagons and old lumber at upper MILL
said he would turn It over. that he would hold the
mills for redemption. then prepared to brand the
animals; had an iron brand, about ~ inches long
and very sharp, for hair brand. Asked William Mar
tin to help me get the animals; thought would en-
poy him 40 teamster; he said he would 20 with me;
ted him to take horse picketed near BY to ride MP
and gather horses into corral. then asked OC for
the horse to ride; he said be couldn't spare her; |
thought she was embraced In the mortgage; ana
looked Al her Thought n orc. needed her would get
Martin 10 60 afoot asked him to get rope and scis
sors he agreed to- said he would 20 fishing and when
the horses came would help brand. found the "wid
herd, or stock horses above the lake and brought
them to the corral made noise coming BY lake; Mar
tin did not come-then went up to lake; one Of the
Dowse boys was with Matin-found n. had not
tried 10 b.andfoupd IL difscult and branded only
few. tOC. was the garden all that incl He came
up and spoxe about two reserved horses and the two
were selected out. II was getting late and went
home across the river, which was high. Returned
next day TO gather stockoC said he wanted the old
lumber removed-l was trying TO arrange about some
teams to haul II. George Hinton said could not use
the animals, that would render myself LIABLE II was
the matter over-concluded &c come
to Deer Lodge and get further instruct Ions from
Judge Knowles about using the animals; aleo IL
could repevin them and have the Sheriff there. De-
ceased hsd spoken Of going to Deer Lodge Hinton i'd
viscd settlement-I told him the mortgage was due
and was sastisned could not mako settlement that
would not be ruinous; told Hinton was gong to
Deer Lodge. that OConnor wished to he could CO.
bot would be under NO obligatons-he told deceased
who said he would 70 next day. Told him would be
It Hoover's-i said we would 70 up together-waited
did not come started alone deceased
overlook me-came to D. L. together. Iassirted de-
ceased out Of slough into which his horse threw him
Bear Bsiley's bridge One the road told him n he
asd any business to transact with me In Deer Lodge
hat would meet him ut the stable soon after my ar
'ival and would then know Whist would do. did
not want deay-my creditors desired should secure
possession Of that property went at once to Judge
Knowles ONCE End stated what had transpired He
'sid should have secured the stock
By knovies-what advice did give You tobject- Q
ID TO: objection sustained.I n
When we got to the Deer Lodge bridge deceased
md had separated, be soing to Napton's ONCE lnd
going TO Sc II T. II. Irvine wsuld 20 On repievin
'ond for me-dh NOT And him 1t home After seeing p
nv counsel rode back far a. Hoovers that night
o get the animals and lumbcr-reached Hoover's be-
ween 10 and q. 10. ia morning employed Cannon
o go aiong-we went above the iake-Eot beth bands
4 horses and drove them down. Hcady coming along p
own 10 the Mill. u was raininc--told 0amnon to =
ne his pleasure about going on or keeping the
'orsss down the gnlch. ! inquired who drove the
rork oxen-was told King. Asked him to unyoke- Q
e said he didur work without ply ard walked away.
'od him did not want any one to work for me Il
rithout pay. then taw KaSns shout the cows | :.
asady came ovef-asked him 10 help me unyokc or :
o. We had them nearly 'un,oked when saw the IL
orsss mosing up the cseek-King was driving them u
went to get ny horsc 70 pur,ue them As was b
lose 70 the blacksmith shop met orc. who said to
u fou didn't visit for me II Deer Lodge. 4 said.
as under no obligations to wait for you. oC eaid
on are lying - ofab--. passed on, got my l.
orse called TO Cannon to come along; did not hear
q ntly passed %, overlook King near the crossing 4.
W him 70 Let these horses aloneI hsd legal right
'thenE King tussed. munersd IN get even with ~
'a-abd went down. turned the horses back; then 81
pet orc. aud King coming. ~
thoueM orc. had apisrei ia front Of him, 10 his 80
2. hosdine g % he right hand. HAaooed 70 him
Lat the horses alone. When he was within % or "a
fces Of me be said, Ill shoot you, you - Of b..
I'd arcd. His hogpe SHED and fred again. He m
en turned and came straight toward me saying I'm on
'eot zoe, you s-of ab-. Thea I ared the Sd shot,
. fen Oh bis horse which went up the gulch. be
when met them they separated; think King was M
ie.t side. When Oc. fen fturpsd and looked al "a
sund TN saw the horses; was looking for king; IA,
med and saw King little RIDGE riding fast ana ri
ing OF y toward the MILL Ithen started togo orc. see
q, rou - ofab-. ItnrDed. saw his fscc lying a
tho gulch; sawhe couldn't harm ,Ae-ail 1 wanted -
TO pr ,teet my life. Started down and met tie -
70 coming up -.