Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1881-01-06
COURT PROCEEDINGS.
The Death Penalty-.PrisOners Sem
fenced this morning.

Despite the deep snow and the inclemtncy
of the weather, the court house was thrOnge(
this morning by a large crowd attracted by
curiosity to hear sentence passed upon tn,
various criminals convicted at the presen
term of court. The attorneys were rathe1
slow in putting in an appearance-stragsline
in by ones and twos. Little knots of law
yers soon gathered about the stoves, wh(
cracked jokes together and seemed, despite
the storm and alterations which have exist
ed between them during the trial of various
causes, to feel high regard for one another
as men and citizens. At 10 o'clock Judge
CongeE entered the desk and the court was
opened. Some time was occupied in dBpos-
ing of various cases on motion, after which
the prisoners were brought in, and the TO low
ing sentences passed:
Geo. Jessrang plead guilty Oh three I'M dict
ments Of petit larceny. Sentenced on first
to three months confinement in the County
jail. Judgment ON the other two indictnn nnts
suspended during good behavior.
Chas. Sawtelle, grand larceny. Sentelced
by jury to one year in the penitentiary.
John Platt-grand larceny. Sentenced to
seven years in the penitentiary.
Thos Mcclure plead guilty on indictment
of petit larceny Sentenced to three moths
in the County Jail.
| VIM. Brett-grand larceny. Sentenced to
serve one year in the penitentiary.
Allen Lewis-grand larceny. Scnteice
to five years in the penitentiary.
John A. Jessrang grand larceny. SEN
fenced to serve five years in the penetenthry.
! J. V. Brown-forgery and two othei in
dictments. Sentenced for forgery to one rear
in the penitentiary. District attorney Dry
den stated that he did not urge sentence on
the other two indictments. Judge Co1ger
added to the first sentence fine of one dollar
Much interest was felt when the Indl.n
Spo-pee and Peter Pelkey appeared. Spo-pee
seemed in good spirits-not the least depressed.
He was dressed in civilized costume, the
most striking part OF his attire being white
"choker," which had evidently been anang-
ed with much care Before sentence was
passed Col. W. F. Sanders made motion for
a new trial, which was overruled. The Col
onel then read statement from Spo-pee,
written by Mr.. j. V. Brown and handed to
him after the prisoner had been brought ill.,
of which the following is synopsis:
II did kill the white man. for thought if
did not he would kill me. He told me he
would do so. / killed him in the morning
l went to where the white man was sitting
/ told him l was poor and asked him to give
me something to eat. He told me he would
not and to go away quick There was lit
tie water in pail near the wagon. l went
to take drink when he knocked the water
in my face and told me to 90 away or he
would kill me. | then went and sat down
by my saddle. 1 heard him swearing at me,
but did not see him when he came and
struck me with the shovel When I could
see again Good Rider was washing the blood
from my face told him to get the ponies
and we would 60 away. / walked up to the
white man and he began swearing at me- I
ran to where his gun lay and took it.
lie picked up an AK and ran toward me-
When he was quite near, with the AK raised
over his head cooked the gun and fired it.
The ball hit him in the breast and he fell on
the ground" The statement further said
that the crime was committed two miles
north of the boundary line and he wanted to
know why COL Mcleod did not hang him,
and further stated that he thought the Judge
had no right to hang him.
The prisoner was then directed to stand
up, aud the Judge ordered that the prisoner
should be taken hence and kept in close con-
finement until the 4th of February next, and
then taken to the place appointed by law
and, between the hours of II o'clock a. M
and 3 o'clock p. M, hanged by the neck till
dead. The sentence of the prisoner was in
terpreted to him by J. V. Brown.
Pelkey seemed in better health than at his |
last appearance in court, but preserved the |
same expression of sullen indifference which
his demeanor during the trial. I
After sentence had been pronounced upon t
Spo-pee, Pelkey was ordered to stand up, and |
to the inquiry of the Judge, whether he
knew OF any reason why sentence should not |
be pronounced upon him, answered in the
negative. Judge Conger then said:
Peter Pelky. The Grand Jurors of Lewis
and Clarke county have at this term of court,
presented an indictment against you, charg-
ng you with the murder of Charles Tacke.
! citizen of this county. On this Indictment
you were arraigned and pied not guilty. You
we're put upon trial, and from the ablest
md strongest bar of this Territory, your
counsel were appointed, gentlemen eminent
n the legal profession, earnest, jealous and
uniting in their efforts in your behalf. A
rial was had to a jury, of the county, legally
mpaneled, tried and sworn according to law.
The supreme authority. of the law and
'ower of this Territory offered you every aid
nown in legal trials, for the challenge of
uors, the procurement of witnesses, and the
ppointment of counsel, that you should {
ave fair and impartial trial.
This you have had, all was done that could !
e done in your behalf; and jury of twelve s
onest, intelligent and conscientious men, on l
heir sworn oaths, have returned into this
ourt verdict of guilty of murder in the first t
egree.
With this verdict the county is content,
nd Judgment shall be followed by execu-
on; your crime will be expiated, and the