The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-06-21
BANNACK LETTER
The Second Trial Of Michael
alias Ed Pierce, for the MI
Thomas Me- innis---Syno
the Testimony in the G,
Term for Life in the Penitt
BANNACK, Nj. T.,

EultOr butte MINER.
Your correspondent will turn his
to a condensed report of the Conolj
mis- murder trial, which has just end
District Court. This ease has Great
feeling throughout this county and d
BILE interest in other parts of the 4
and has never before been correctly
tor the press.
The second trial of Michael Como
murder of Thomas McGinnis, has
concluded in the District Court, non
sion here. This case has been ou
usual interest. and has been from
ming all expensive case to the tax
Beaverhead county.
One year ago Conoly alias Pierce !
for the crime. The case was closely
ed and the jury brought in a verdid
der in the first degree. Mr.. Stapletd
sci for the prisoner, carried the cad
Supreme Court last August, and juj
days before the day set for the exej
Conoly, a stay of execution was grad
the Supreme Court ordered a new ID
fall, On an affidavit setting forth tle
of witnesses material and vitally
to the defense, Judge Galbraith
continuance of the case until the
term of court.
The case was called last Mondar
trial opened. Difficulty was eNpeal
finding an impartial jury, as The Y
been so freely discussed in BeaverAu<
ty that four-tifths of the people had
either a qualified or All unqualitec
about the homicide. Most of the
citizens of Dillon We're summoned
special venires of the jury, and, stra
may seem. they almost to a man
scientious scruples about hanging "a
when the law, the evidence, and the
the case fully warranted the hangid
accused. 1t was remarked that the
Dillon we're extremely tender hearte
when it comes to rolling up 430 u
county seat removal question, and
matter they have no ''conscientiOus !
or scruples of any kind whatever. Il
yer spent, with two evening session
a Jury acceptable alike to the prosec1
defense was accepted and sworn in ID
defendant.
The line of the defense followed
of indictment, which charged that d
day of December, 1879, Michael. Cora
Ed. Pierce, did, with a needle gum
ice atorethousht and deliberation, xii
as McGinnis. A synopsis of the evil
the prosecution, boiled down lntos
compass, will be ofgeneral interest, and
ly this: Conoly and McGinnis WEIR
travelling together, when they SD
ONiel's station. They engaged,
their stay there, in card playing and
to a greater or less extent in drlnki
ky. Conoly played a game of 81 'hVS
with a trejghter and lost, and then al
McIinnis for the loan of a dollar to
other game. McGInnis refused the lOa
Conoly called McGinnis the son OF
dog, whereat McGinnis slapped Cn
the face. McGinnis then left O'NeiIl
and went to the cabin occupied by
tender of the stage company.
after ConOly went to the cabin
McGinnis put him out. COnoly imm
proceeded back to the house, went
the bar OoI into the middle room |
seized a needle gun, bIeech loader, a
ing back into the bar room delibeTat
ed the same with a cartridge. COnd
went to the cabin where he shot NJ
through the head, who, as it appeal
have been in the door way when
shot was fired. This was followed
mission OF Nonoly that he had killed
mis-. In brief, this was the substals
proof presented by the prosecutR
it was corroborated by several wimrs
ditional evidence, to prove due dell
was introduced, and the prosecutor
The first jury, oh the saIne evidence,
verdict of murder in the first degres
The defense relied Oh insanity.
pleton managed the defense ably, an
sanity could not be interposed, it appa
most a hopeless case to saw his clieaI
from the gallows. On the part of
Oner, numerous witnesses were intrOi
prove acts and exploits on his part
an insane condition at times, whidI
commended, resulted from injuries he
when a boy from the kick of a mule
head. Former acts of INSANITY weT
lished, but at the time of the killing
evidence of insanity at all was the s
, OF Connolly himself, who, being the
weakened that part of the defense, |
to testify to his W alteration of min
precisely the kind of testimony thai
will weigh with de~liberation.
The case closed last night. The al
o! counsel were listened to by |
court room. Prosecutor Mayhem oFd
closed for the people, and he never
better effort during his many wears 4
cutorship. Mr.. Stapleton's appealed
was one of great force-for on that A
connection with the evidence on insaI
pended the life of his client, and
|. nothing unsald in behalf of the
that zeal could suggest. Judge GA
charge aud instructions to the jury "
covering everything, and, to a llsi1
peared impartial. The jury retired
with them the written instruction.
Judge. When they got into their RI
found Judge Galbraith's hieroglyEI
many for them. Several ,iurymens |
to decipher the Judges scrawl, but q
and had to rely on the Judges read
the bench to refresh their memory.
that the late Horace Greeley could
| palmer hand than Judge Galbrall
first ballot of the jury was five for NJ
l the first degree, to seven for the LESSEE
under the fstatutes. At one time
stood six to six for murder in tn"
gree. This morning, after a mani
siege, the jury arrived at a verdict a
into court. The verdict of the jury
dered is " murder in the second degl
, they fixed the punishment to impT1
, in the ~peitentiary for life.
During the past week quite an
Hutteites have been in attendance !
and there are several here at the pro-
ting. JI