The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-23
TRIAL OF j. J. KENNEDY,

TRIAL OF j. KENNEDY,
For the Killing Of Thomas II. O'Conner
at Grin Creek, June 81, 1879.
Territory vs. J. J. Kennedy-Indcted for murder in
the first degree
1.-THE Indictment sets forth that at Gri Creek Deer
Lodge county, NJ. T., on the a1st day of June 1879
Joseph ]. Kennedy did premeditatedy and with NAL
ice afoiethought shoot and mortally wound Thomas
ii. o. Conner and that O'Conner died OF ssid wound
In Deer Lodge, July %, 1879.
oConner had borrowed money of Kennedy and had
given him q mortgage on certain stock. On the day
OF the shooting Kennedy went to where the stock was
near the o'Conner Mil and started to drive it away.
o'Conner. who had been at Deer Lodge returned and
reached the mill about the time Kennedy returned
with the stock This was the situation when the
evidence begins.1
The Prosecution In the case IL conducted by A. L.
Mayhey, Esq., District Attorney The Defense Is
conducted by Hiram Knowles and J. c. Robinson,
Esqs w. r. Sanders, ESQ, retained for the Defense
but not present.
The case wa. set for trial last week. Two regular
yenlres were exhausted and special venre called
before obtaining jury. At $50 a. m. Tuesday, April
GOTH the jury sworn TO try the cause, and Mr..
Mayhem at once opened the for the prosecu-
ton.
The witnesses for prosecution and defense were
then by desire of counsel both Sides called sworn
and instructed not be present in the Court room
until all the evidence had been given in this ease.
Following Is the Jury empaneled: Lee MONTGOMERY.
Alexander Wight Charles Brown. james b. Orr
David Danforth, Harvey s. Showers. M. Hicf
NJ II IuF< II
Hugh oNell. Samuel Mann. -
THE PROSECUTION. .
William II. King swurn-Know defendant. knew
OConner, deceased. Was present at the time Of
shooting. was eating dinner when Kennedy came
along going up the valley. short after he re
turned with the horses. X. asked me who had pes
session of thu cattle. Told him I had. he said go
and unyoke them I told him - wouldn't do it,"
or wouldn't do anything OF the kind" X. said he
didn't want anybc iy to work for him without pay.
He then went toward the cattle across the branch.
o'Connor came up met him, and turned the horses
back across the bridge 0'C. then got off his horse,
gave him to me and told me TO drive the horses to
the pasture. / did so. had gone 300 or 400 yards
above the mill when X. overlook me and said he had
legal right to take the stock and going to take
It, told him to take IL and went back TO the mill
When got there O'Connor was having horse sad
died, he asked me why did rot go on with the
horses. l repeated what X. had said and told oC.
had gwen them up to X. orc. got on his horse and
told me 10 with him and help put the horses In the
pasture Went with him sbsut 3Oo yards where We
met Kennedy driving the horses back toward the mill
o'C. rode up fa;ing Kennedy, and rode of up the
side OF the mountain after two horses. o'Connor
said to X. mot to take them horses away from
there" X. said 4" he would; he had legal right to
tsks them" 0C. got within about ten feet OF Ken
needy: X. fred ut o'Connor He then fired second
shot oC. said mot to shoot" could not hear dis
tnctly; understood him TO say that. K fired again
oC jumped off his horse and started 10 run. X rode
up within feet Of him and fired the fourth shot.
cConnor fell X rode mp alongside OF him, checked
up his horse half second and then rode on down
toward the mill got ahead of him and tsld some Of
the boys X. had shot the old man, went down to
the shop. Some OF the boys stopped Kennedy. !
then went back to where the old man was. Then
was told to 20 back with SEINE others to get door to
| carry the old man down home on. Went down; got
door; helped carry the old man home. man named
Cagen had Kennedy in charge. When Cagen ar
| rested K he took him up to where o Conner laid.
When we carried the old men down Cagen brought
K to the shop Some OF the boys went up 20 the
pasture after horses George Hinton took the pistol
AWAY from Kennedy. When the horses were brought
down. Bill Martin and brought Kennedy to Deer
Lodge.
| Examined by District Attorney-The cattle were
across the branch between shop and house. In full
view Did not notice K after he crossed the branch
He had been gone about Ave minutes when o'Connor
came We started up the creek about ten minutes
after. When met X. with the horses he was coming
down the branch: Oc and were going up. The
first time went K overlook me and told me to give
the horses up. II 800 or 400 yards up where h.
overlook me- 1t about go 300 yards above the
mill when O'C and met Kennedy driving the horses
back When turned off after the two horses was
within about 70 yards of X. The horses went after
were about 100 yards from X. and oC. The frat
thing heard was oC. telling X. not 10 drive the
stock away from there. The stock was then going
down the branch The "stock " consisted of horses
and mules-ls or 20 head In ALL They were scattered
We met the stock before we met X. He driving
them. When we met hem we commenced drying
them hack. The two horses on the hill were away
from the other was about 80 yards from oC, and,
10 yards from X. when l heard the first shot. The
men were on nearly level ground. was probably on
ground II feet higher than they were. X. and OC
were about or feet apart when X. fired the first
shot They were little sideways to each other.
heard nothing said when first shot was fired. The
second shot was about seconds after the first; they
were In about the same position. The horses were
moving around little. IL was about the same time
from the second u the third shot. Then &C was
swinging on the left side Of his horse-eanng over
to that side After the third shot OC. got of or fell
of his horse and ran. He went about CD yards-down
towards the branch: am not sure 1t was 90 yards
While O'C. was running X was following after him
on his horse: followed him about SIS yards o'C. was
running leaning over with his back towards K. when
the 4th shot fred. At the time Sd shot was fired
understood orc. to say to K. mot TO shoot-that
was the first heard during the shooting At the 9TH
shot X. was about feet from oC., as 1t looked to
me- After the shot o'C. fell. At time of 4th shot
ks horse was trotsng. o'Cs horse went of up the
branch with the rest OF the horses. did not 90 to
oConnor. went to the mill. X. was also going to
the m'll went ahead Of him. After firing the 18th
shot K. Just did check up alongside of oc. and came
on down toward the mill. met some of the boys
and told them the facts when started to 20 back
to orc. met x. about GO yards from the shop. lie
was sitting on his horse which was still. Went TO
oC. He was lying on his face where he fell. The
boys were just picking him up. We took orc. to the
house and put him on a bed X. over at the shop
sitting with Cagen on log. Did not hear K saying
anything at that time about the shooting. As We
we're coming to town X sad at wasn't very good for
him. bu. Il was good for his creditors, good for
Deer Lodge county" oC, was shot under right
shoulder blade; also cav the whisk RS under his
| chin bloody. Saw oConnor again or days after
the shooting at tae mill; him again at the Hos
pital OC. died; saw him after he was dead; recog-
nized him as the same man shot by X. had no fire.
arms at the time of shooting; did not see oC have
any. Cagen had breech- loading rife. He carried It
while he had charge OF x. after the shooting. The
shooting occurred about 2 p. m. ..-
Adjourned TIL m.
2p.m.
Cross EIamined-we had been eating dinner when
K came; did not see him go up guch; boys said 1t
was X. saw two men coming up the road. II was
half hour or more before X. returned. When re-
turned after claimed the horses think Harms was