Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1882-12-19

NIB superior eCaGl0g tn8G the president |
had refused to interfere at all in the |
matter.
To the casual reader this seems OF little
to James l.. Gilmore. the
young man at this moment confined in
the iron cell of the prison, with the death |
watch standing guard over him, it is the
last of earth.
The crime for which he is soon to suf-
fer the extreme penalty Of the law. was
committed two or three years ago. on
the road between this place and Fort
Pierre, in the indian country.
court in this city. in August, 1881, he was
Ortes, and soon after. at the same term
Of court, was tried and convicted. The
jury impaneled to try the case consisted
Of Nathan Frank, W. Losekamp, j.
Bartels, L. d. Geary, Albert Evans, J.
w. Russell, G. E. Barney, ". E. Birdsell,
J.H. Flynn, 8. v. Noble and A. E, Hoyt.
From the evidence it appeared that
the defendent and the Mexican we're each
engaged as drivers in bull outfit that
was on its way to Fort Pierre in the
spring of 1879. The train went into camp
on Dead Mans creek an hour or two
before sundown. and while the defend
ant was unyokipg his cattle, which were
wild ones, the deceased came along and
they became frightened. The defendant
called the deceased vile name
and he retaliated by call
ing the defendant the same
thi ng. Defendant then said: "Do you
call me that? will beef you as soon
as get these cattle unyoked." De-
ceased moved off o short distance and
sat down on an OK yoke. The defendant
finished unyoking his cattle and then
went to his wagon and procured his re.
volver, and as he approached the Mexi
can, said: defend yourself" at the
same time firing. The first ball STRUCK
the deceased in the left arm, below the
shoulder, passing through the arm anc
then through his neck. During this time
the Mexican raised up, and when leapine
forward with his back to the defendant
he was again shot, the ball striking him
in the back and coming out near the ma
val. Defendant turned and walked ou
of the corral, picking up needle gun a!
be went, and struck out for the hills
The wagon boss picked up another gun
and leveling 1t upon the defendant ord
cred him to drop the gun, which he did
and went on.
Soon after this three of the train mer
started out with guns after him, anc
rounded him up about half mile from
camp and brought him back. Sool
afterwards he was permitted to leave
and did SO. The Mexican fingered
alo:-g in great agony until about
O'Clock the following morning, when b,
died.
Deputy Marshal Gray, who brought
Leighton to the aills for trial, testified
that while on the road in Leighton asked
him what was wanted of him SIS it fol
killing that son OF b-h Mexican /? Thu
was an accident. l only intended ts
wing him." lie was asked how long tn,
Mexican lived, and he said twenty-f -fou
hours.
| He seemed to have no defense othe
than his own statement that the Mexi
can was bad man. carried knife ant
had threatened previously to kill him
and that when he came to where deceaset
was sitting he raised up, and at the sam
time pu: his right hand behind him as l
to draw knife, and thinking himself il
great danger, he drew his gun aud sho
him. Deceased advanced towards hin
and he fred again, and kept firing unit
the Mexican turned and fell. This stor
was not confirmed in any particular b
} those who were eye witnesses to th
homicide.
j he stated that after the shooting b
went to Pierre, staid there three or lou
days, and then went down the river t
Yankton, aud from there to Rosebu
agency whore he was employed most c
the time in driving mules tor the govern
ment, and keepinga saloon that wa
known as the Three Mile ranch. and Ho
ranch.
II He was ably defended by Corson an
Bowman. the trial occupying the after
} ton Of the court two or three days. III
Jury brought in verdict of guilty. Th
case was taken up to tue supreme cour
on writ of error. and the action of tn
lower court sustained unanimously b
the entire bench.
His case was brought to the attentio
. Of the president and commutatio
asked for. and 80 persistent have bee
\ his friends in his interest, that not le.