The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-06-25
sENrENcEp TO BE HUNG.
Michael Connolly TO Hang Angus,
for the Murder OF Thos. Maginn'"'

Michael Connolly TO haH9
for the Murder of Thos. masif
Readers of the New NoRTH-wEsr VIII
rscol,ect m account that on the 4tn Oh Do.
Gambler. 1879, . man called Pierce shot ana
killed Thos. Magiunis at ONellrs saloon ~
the crossing of Rattlesnake, because ma
u;npis refused to loan him . dollar 10 pay
noksr. Pierce was arrested, jailed ut BAD
mack, escaped. was rearrested and D" case
cam, On for trial at the recent Bannaos
term, District Attorney Mayhem for the
prosecution and g. w. stapleton Tor the
defense.
Pierce. whose real name Is Connolly MS
.tsp-fsthsr's name being Pierce, was Tor
merly a page 10 the Idaho legislature and
bis step-fathsr . member Of that BODY.
He Is about 81 or % years OF age.
When the cause came up Connolly asked
. continuance OF the case. and made a"oa'
Wit that his stepfather, one or two men,
bers Of the Idaho Legislature, the Sergeant.
at-arms and Catholic priest there wouid
testify that when serving as page he mani
tested symptoms Of insanity. On this am
davit. com plying with the Law In such cases.
Judge Galbraith sustained tho motion TOT
continuance, District Attorney Maybe"
then agreed to admit that II the witnesses
were present they would testify as claimed
BY Connolly, and the Court ordered the
parties to proceed to trial.
The fscts adduoed did not vary material
" from those published at the time. when
Ma xinnis refused to loan the dollar, Connol-
~ abused him vilely; Maginnis then said
he would 20 away a. Connolly was going
to make trouble, crossed over to the stable
and commenced cutting up some tobacco.
Connolly followed him and again called
him vile names. The stock tender sworo
Magiunis laid down the knife and slapped
Connolly in the face With his left hand.
Connolly swore he still held the knife.
Connolly then returned to the saloon. Ma
einnis said to the stock tender, II am
afraid that man will come after mo, and
have nothing to defend myself with"
There was IN old gun banging on the wall
and Maginnis went to take 1t down, but the
stock tender told him 1t was broken and NO
good. He tben left the gun and went out
doors. Juss al no passed out tho stock ten
der heard the gun fired, but no ono saw the
shooting. The bullet lodged in one of the
beams inside the stable. The stock tender
went out and found Maginnis lying on the
ground, the ball having entered the neck
and passed out Of the back part Of the
head. He gasped once or twioe and died.
Connolly s~ore Maginuis seized the end Of
the gun and in the struggle II Was acciden-
tally discharged. After the shooting no re-
turned to the saloon and tod the occupants
hs had killed Maginnis. When arrested be
said Don't hang me now give me fair
trial, Maginnis vas good man; he was my
best friend" Four or five witnesses ap-
psared for tho prosecution Connolly and
his fiiiavits in defense.
In charging the jury the Court instructed
it TO find az to the question Of insanity
which might be done from the testimony oil
defendant, from the appearance OF defend
ant on trial and all otuer testimony In rela
tion to his actions and conduct bearing up
on the question Is adduced in the trial, AND
and defined insanity. The jury first con
sidered the question Of insanity and ending
him not insane considered the questi on OF
guilt or innocence, and after IL hours alb
sence, returned with verdict Of equity
Of murder in the frst degree"
Pending his sentence, Connolly sent the
following note to Judge Galbraith
BANNAcK JAIL, NJ. r., June II, 1880.
| To the Honorable Judge 0aloraits:
Sir: In passing upon me the penalty o.
| the Law for the commission Of the Offsnst
for which have been convicted, wouIe
offer IN cxtenuation my youth and thorough
| coguizance Of the uojustness Of the verdic
which has been rendered. still naintaiI
that my punishment Ii not merited, ane
would most respectfully ask that you gran
mo a. long lease Of life ~ may DO grant
| cd under the law. have friends aud rel
j atives whom wish and expect to be will
me, and this assign for one other reason
for asking you to extend your ciemency II
in granting the full time regulated by Law
EDWARD n. PIERCE.
The law requires the sentence shall b
executed in not less than four nor NOR
than eight weeks from date Of % Itence
Judge Galbraith therefore gave him sevei
weeks and ono day and sentenced him to b
hung at Bxnnack. August s, 1880.
An appeal will doubtless be taken to tn
Supreme Court, which convenes August I'd