The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-05-28
THE KENNEDY CASE.
Motion for a New Trial OVerruleo ana
Joseph J. Kennedy Sentenced 10
II Years in the PenItentary.

The trial of Joseph J. Kennedy for killing Ihos'
n. O'Conuor although reaching early IN the term the
sop of his being found guilty OF murder I'D the sec
ond degree did not reach a termination IN ths court
until Wednesday evening, sentence having oeeh ae
f,rred repeatedly to allow time for the motion ana
,r,umapts for A new trial made by defendants
counsel
Tn. motion set forth specifically that the court
AIRED in admitting certain testimony for the prose-
cution and excluding certain testimony oherca ny Tue
defense. and in giving certain Instructions 10 'he
iury and refusing give certain other instruc'oA
offered by the def nse.
I, v.s iur,hrr set forth that Henry Douglas,
,uror in the trial of the OF the Territory w. heh
nedy who ON examination juror had test'hed ne
had not prior thereto formed or expressed an opinion
"a 10 the guilt OF innocence OF Kennedy, ETC.. hdd
sope So and the afidayits OF James Pierce ana rat
| rick McAndrew wersintroduced In proof.
james Pierce in his afdayt said that aoont the zS
| of June, 1874 the day after OConnor was sho'
Kernedy In conversation the said DonSiAs eAPesee'
strong sympathy for oConnor, and strong pr'ju'
a.a AGAINST Kednnedy: that he spoke in very strona
and vehement terms, ana to the ell CT lhat NC
| Kennedy entity OF killing o'Corner: also that hi
hearu Doug about the same TIME, TAX Ia inc Sam
| strain to Patrick Mcandrew.
| Patrick McAndrew In his amnavlt stared thaI H'
| had conversation with Douglas ia rentioa 10 TINT
homicide, at the house Of Jamc tisrct, GU Litl'
/ Blackfoot, Oh the 22d of June, 1879; That poae'a
ta,b ed at some length discussing the a1ais OF ION
nor and Kennedy that he was animated ana * 'itsa
and expressed very strong bias snd prejudice asai"s
Kennedy aud sympathy for o nnor, ana said anon
| other things that he would hang him. The san
| K.nnedy. or any other man who woud do WIN
Kennedy did in shooting said or onnor"
| a. the sai tho Juror Douglas was brought int
court and placed under oath 1.-THE defense exc epnS
the proceedngs) and iuterrogated in relation W III
| ,,.r Tine on.srions were repeated with variation
elici,inp A full statement, which was taken down We
hatim by the clerk and forms part OF the record. ~
snhztance is: Dsnglas said when he went INTO III
;nry box he had forgotten all ABOUT the conversation
with Pierce and McAndr ew; that at the time Oh W
| examination on his UJir dire as Juror he h"o
opinion or prejudice, way or the osher nor dnn
his services as a juror In the case. After the ul
McAndrew had called his attention to the CONVEX =
tion which was the first time he remembered IT. III
he had no hostility toward Kennedy dnring the tii'
that he never lad any hostility toward hihit anu J"
D one OF the Jurors who voted tor m'usianEh'ef.
rcaII.cted now the conversation with pieIce but
@ nat when IN the Jury box-was positive he oid no
e he did no, know Kennedy, and had no Ill ieelin
|
ation but did not recolect that ne had expressed
d strong preu6ice against Ksnnsdy; thought now
IA express himself from thu account he heard at
II time, which was altogether different from the true
count On inquiry by counsel 1t was stated that y
Of examination was made on motion OF the court.
he examination as taken down was MED ne part oil
70 minutes of the court In the case
~ Judge Gabraith then overrnled tbs motion 10
e new trial. and kennedy was ordered TO appear al
d. har. at 30. ON Wednesday evening Tor sentence.
at At73s D. m. Mr.. Kennedy was brought into cou
m and IN response to the Interrogation OF the Judge
C. no had ANYTHING to say why sentence should not
I'D nas.ed upon him, he stated tine deed was done
in self defense.
e Judge oabraith then rendered the sentence Oh
re court "that Joseph J. Kennedy pay ne coss
lid prosecution In the case and be imprisoned tn
he Territorial Penitentary for the period Of seren'
y years."