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

We conclude In this Issue a synopsis OF the tetti
mony and Argument and give some Of the instruc-
tIons In the case Of the Territory Vs. Kennedy, In
which the Jury at O'Clock Sunday morning returned
avcrdIct Of guilty Of murder In the second degree
II II street report that the first ballot the jury
stood for murder In fret degree. for murder In
second degree and for mans slaughter On rendering
the verdict counsel for defense gave notice OF q
motion for new trial and were given 1--we days 10
make out the appeal Kennedy IL to be sentenced
Saturday. May let. The penalty for the crime OF
which hc IL found guilty IL not less than yenls In
the penitentIary and sentence may be extended to
lie.
The trial was long: large number of witnesses
were examined eKhaustIvcv, and the case for prose-
cutIon aud defense was conducted with ability and
energy that has not been surpassed IN this court
Judge Knowles and Mr.. Robinson made a defense
that has not been equaled. II then, since the ia
nous Indian Ring trals In this county, snd Mr. May.
hew fatfu, tireess and able ia beh ali OF the
people. There were elements In the not brought
out until the trial that showed great proyocaton 10
Kennedy aud were urged In mitigation Of the ofense
The testimony OF King, who was the asserted eye
witness Of the shooting, was manifesty incorrect in
important particulars. NJ shown by the testimony Of
both oConnor and Kennedy aud part of 1t was his
allegation thHt OConnor jumped of his horse AID ran
90 yards and ths Kennedy followed him up that dis
lance on horseback and shot him. The testimony
drawn out in relation TO Kennedys APPARENT lack of
comprehension, expression was elected 10 dispose
Of the impression Kennedy made on the jury In his
examination. His mind scemed at times void, the |
blank expression OF hIs conntenanoe showed he could
not grasp even the most direct questions propoundcd
and his under these circumstances were
vague and undccifvc His mind II evidently clouded
OF course during trial such this the attorneys
were. down TO their best work and some keen but |
good satured thrnsts and parties occurred. Mr. May
hew having sad " he c0udnt help IL II King was a |
fool Jude Knowles thereafter conceded the right
Of discovery" and alluded 10 him as" Mayhew's
fool" Then Judge Knowles referring 10 the obtuse.
OF his client said Moses, with all his wis
dom, could not ulk well, /" and Mr. Mayhew rejoined
that " Rs AOsGf had brother Aaron who WIS fully
competent ne n tHkcr, go defen6ant had his Aaron
10 the Jddge, and would suffer no Inconvenience In
that respect" Mr.. Robinson, to illustrate that the
Jury should consider bow Kennedy felt at the time AZ
to the danger lac was in compared with how IL
might be regarded now, cited the Nez Perrces cam
pAiRn Of the Deer Lodge volunteers In which he with
Associate counsel aud Others engaged aud very
humUrouty portrayed the scenes OF Kcllys Ford aud
the very pcfcepibe impression then existing Co-
pared with Retrospective view Of the occurrence.
During the arguments counsel for defense made allu-
sion to fatehood that had been circulated IN regard
to Nj. Mayhem relative to the Dcgenhart case. Mr..
Mayhew In closing referred to the matter and said,
" The aCqnittal Of DeRenhart stands monument
" Of sh and disgrace to the people Of Deer Lodge
- county," The approval OF this sentiment by the
audience neccssItated suppression by the Court. Mr.
DegeDhart WINS present few minutes In the court |
room during the Argument Much interest WAS man
Ifcfed throughout the trial and the cont room was
utlp fp1I nft h..a
The defense will appeal to the supreme Court OF the
Territory. In the meantime the defendant will be |
subject 10 the sentence Of the court to be delivered on
Saturday.