The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-30
Sd. IN, Friday. April 23d.

OF O'C., under oath, after he was shot.
Declaration presented and identifed.l
1.-THE Declaration sworn to before r. M. Ferguson
j. r., differed from that made to George W. Irwin IL
In that O'C. rtates, after the second shot" The
g Nurse made quick turn and threw me on the
"ground. Kennedy then shot me while lying on III.
"ground. the ball striking me on the light shoulder
He then rode rosnd In front Of me, cooked his re-
"volver and rode of. then said to Kennedy, You
"oowardly scouad-e, you have murdered me-shoo,
"again.'rl
Witness-Wrote this next day after shooting. Wa,
there next day and stsid over night The statement
was taken at different times-msy have been part Of
two days taking t. oC. very weak and suffering
from his wo lnds and II was taken a. he could make
Il.
There was no evidence Of It's being dying decls
ration: was read as statement under oath.l
The statement was a. near could get bis wo rd.
ex cept that would like to change one in Il which
did not like TO write at the time.
(Aayhew objected TO introducing an instrument Of
writing and then disprovng the instrument or nodi-
flying It'll
witness-oC. said. instead Of the word "scoun.
drel.r "s- Of b." Have known K II or IS years
His general reputation, far a. know, was that Of
an honorable man and good lsw-abiding citizen.
Ctoss Exapined-Heard p :ople say he liked money
very we'll never heard any one say he would obtain
money dishonesty.
Redirect-Kennedy was known to be very punctual
about fulfilling his contracts making payments etc.
=. 7. Huson sworn-Saw O'C. twice after he was
brought to the hospital. Asked him II X. shot him
after he was down. He said, mo, he didn't Said
K. shot ct him three times: thought he received his
third shot after he wss getting off, or falling Of the
horse. Have knowa K. or 10 years. His general
reputation 10 ~ an honorable man know him init.
n,ately. 81 GH ..s .s
Cross EKamined-saw orc. at hospital q few DAYS
after he came here7 to 10 davs was there an hour or
90 on two occasions. He told me this the first time
saw him. Have seen Kennedy carry a pistol fire.
qusntly made 1t business to notice men who car.
ried nre-srms-was In the saloon busn :ss wa, the
reason noticed that. ...... ....
John Taylor sworn-Know Kennedy-he lived four
miles from New Chicago. His general reputation In
the community was good. Have known him 10 year,
Have known him occasionally to carry pistol. Have
been along with him hunting stock when be carried
one. 5-. r. sn..
Preston Scott sworn-Know defendant. Knew him
In Nevada City, Co.. 10 % years ago. He had the
reputatisn Of quiet. psaceabie industrious citizen
Knew him in Alder Gulch In 90. He bore good
reputation there. s.. #a#. FL.
Cross Examined-He was mining in Colorado.
Knew him till 1854. Never heard his character dis
chased Never heard 1t discussed in Alder Guch, nor
here.
D. n. Taylsr rwom-Live at New Chicago, was
Justice Of tie Peace there. Have known defendant
or 10 years. His general reputation among his neigh
bors 10 good He IL considered close but veay honora.
BILE and prompt Never knew him In any dificult,
before.
Zcb. Haynes sworn Have resided at New Chicago
past NJ years. Have known Kennedy or 10 years.
His general reputation 10 good He 10 q clese man,
bu I honest. e a
lThe testimony Of William Wallace that KS attor-
ncy had advised him - get possession Of the proper
ty covered BY tie mortgages without delay was OBJ
iected 10 and the objection sustainedl
Counsel for defendant offered the records Of the
court to show that two attachment suits one BY L. j.
Sharp and one by Frank Harms, were brought against
deceased at the time Of the homicide, aud that Ken
nedy was liable to be deprived Of his property unless
he got possefson Of II also proposed 10 chow that
Kennedy intended to bring replevin suit bat owing
to the large amount Of bonds etc. required had been
unsble to obtain the came.
[obiected to- objection sustained-sxception IA
ken.l
Defense closed at aso .. m. Friday.
At3.1p. m. Friday, District Attorney Msyhew
opened for the prosecution by reading the statutes
relevant 10 The ofense. He held tho killing OF &C
xas uriustifab,e: that KennedyS duiy II he was re-
sed In taking pesceshle possession OF the property
wss TO appeal to the law; he did not deny the mort
gake had expired and K was entitled to the property
The previous character Of defendant made no differ
In this case the msment he fred the three shots
Il deceased he forfeited that good character u tina
shooting was jsstiaabie then no man who owes dollar
10 sale He then analysed the testimony said there
Fss nothing TO show that King had any anmesity TO-
sard defendant rected the testimony and held Ken
,edy could not have shot OConnsr % he described q;
allied attention TO Kennedy's statement that King
ode $50 fect while 0Connor was riding 30 feet o.
estiAed TO and the deliberate shooting Ia the back
siisved defendant guilty Of murder. appealed against
b. blasting Il the memory Of the deceased TO shisd
10 man who killed him. admitted the former coed |
haFacsz Of defendant and argued that would only |
ave weight In favsr Of defendant when there was
dosht u 70 the crime. Defendant had no right 10
cnmit felony 70 get that property and that II Do
sndant vas entitled 70 u the greatest oGsnse a de-
sassd VS. foscib,s trespass. The District Attorney
sving presented the case, closed q ,. N.
y. G. Robinson, Esq. opened INC argument for the
sfesss. ALLEGED the Dirict Atsoraes By long practice
psusecatsr haA fallen Into the rut and channel &
and eeah only look On apsrson eharssd
Va