The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-10-24
The Murdered Chinaman,
Opium i'm Avenged.
HIS Nj u II ID r R r RS
Consigned to Hard Labor For Lono
Terlns---Remarks of Judge GAL,
braith--Other Sentences.

FIRST Natlondl Iank VS.. Leigh X. Free.
man; judgment Tor plaintiffs for $16O. 90
and costs.
Godfrey Lavell VS.. w. A. Boyce and
William Thompson; decree for plaintiff.
Motiit VS.. Baldwin ct al; ordered on Ca
endar; motion to quash to be heard at2 n.
m. Saturday.
In re. Utah e. Northern Railway
vs.. 4. III. Mitchell ct al; decree for plaintiff
ordered, presented, signed, and ordered en-
tered.
Sarah DuBey VS.. Charles DuBey: heard
ON motion of defendant for entry of a de-
cree OF divorce; plaintiff appears and re-
>ists; court refuses to order and sign de-
cree.
Cornelius G. Bradshaw and Mr.. Benedict
were authorized. to practice in all courts in
the district till the next meeting OF the Su,
prcme Court.
COULD q AGREE.
During the forenoon the jury in the ca So
Of Williams VS.. Carver, the German Gulch
cases. which had been out since the previous
day at 10 Il. M. came into court and an.
nounced that they could not agree and
asked to be discharged. The court inquired
whether the disagreement was upon the
facts or the law, and upon being informed
that it was upon a question of fact, he d.
rected that they again retire and try to
reach il conclusion. The jury accordingly
rrturned to their room where they remained
until about 3 o'clock, when they again
entered the court Don and informed the
court that an agreement was impossible.
They were accordingly discharged. 1t is
stated upon good authority that during
the first day they were out the Jury stood
that Wednesday night one of the two went
over to defendant, and thus the ballots
stood until they were discharged.
SENTENCED.
The Court reassembled at 100 O'Clock.
there being a large attendance OF attorneys
and spectators, as it had been announced
that all the prisoners who had been con-
victed would be sentenced. At the APP
pointed time the prisoners, eighth number,
were brought into Court by Sheriff Sulll san
and his deputies and seated in the dock.
Nest OF them looked cool and collected
bat one or two exhibited unmistakable
signs of nervousness, which they vainly en-
deavored to conceal. When order had
Eran obtained, Judge Galbraith, picking up
u bunch of legal papers, announced that in
the case Of George Smith and Edward Crit
lin the motion for an arrest OF judgment
was Overruled. He then proceeded to pass
sentence as follows:
NIt',ISt ! ' lISoH, ~ tllCiipplIiS w ltNoo q
forged check upon Fred Richie, one year
at hard labor in the penitentiary.
George Smith, grand larceny, stealing
powder from John Caplicc Il Co., three
years ut hard labor in the p~enitentiary.
Edward Griffin, for the same ffense, but
who pleaded guilty, two years and six
months in the penitentiary.
j.. T. Natter. grand larcency by stealing
the change of two 500 not IS at Coles cir
ems, said before sentence that in the eyes of
God il not man, he was innocent, and he
asked that the time he had been in jail be
deducted from his sentence. The Judge re-
piled that be had been found guilty, and
that under the law he could not reduce the
penalty fixed by the jury. He therefor sen
fenced him to one year at hard labor in the
pGnitentlary.
David Magee, for the murder OF his step
father, was in accordance with the verdict
Of the jury, sentenced to one year at hard
labor in the penitentiary.
THE CHINESE M~UgDERERs.
Elmer Cannon and William Riley, two OF
the murderers of Opium JIM were then
directed to stand up. 1t will be remembered
that Cannon stood trial and was convicted
oi murder in the second degree and that by
consent Of the District Attorney, Riley
pleaded guilty to the same offense. Adj
dressing the two prisoners, Judge Galbraith
said:
The life OF every human being is in the
eyes OF the law equally sacred. In this
land. where the lie of one human being is
criminally taken by another the law makes
no distinction in relation to the nature OF
the cri ne, whether or not the person slain
is of any particular race or color, or
wi. ,ther he be rich or oor, high or low,
or learned or unlearned. The jury by their
rardict must nave found that you killed or
stood by, aided, abetted or assisted in the
kiiliny with malice aforethought, either
express or implied, OF one An III, a
Chiaaman. The evidence shows the killing
10 have been OF the most barbarous CHAR
icter, bordering almost, | might say, upon
torture. For at least one hall hour tins
poor man was according to the evidence, III
the hands OF his murderers, who drove and
pulled and dragged him from his house to
an cmbanknent forty or fifty feet distant
ani back again, cutting him with
nrE-xyryEs AND BurcuER-KNIvEs:
.tnal!y leaving him stretched upon a table
IN nj. own house. while one of his murderers
stood over him and as he struggled to es.
cape calculated: NO you don't.' his lel'
arm, between the shoulder ana the elpo";
was siashed deep with wounds, the mana O
this arm was almost severed at the "risI
and his left breast was cut between ''t
fourth and fifth ribs and deep into the SUP
STANCE of the lung. Learned physicians
testified til at these wounds were fatal aho
that he died in consequence thereof, ate
lingering for six or seven days. Ihe-annals
of this Territory do not contain the RECORD
oi Il more causeless or more paip'ro"S
murder, and my memory does hoC rto''
such another instance i'll the crimlilit
history OF our land. The only clrcu'n
stance which could have in my JudsLneh,
reduced this crime from murder III the HIS
degree to murder in the second DEGREE wa
the fact that you had been drinking peo'
and were at the time under the influence =,
INVESTIGATION, which in~toXlcatioh "as y
such IA character as to prevent preileui.a
ton and elaboration. But am lhci'ne'
70 think that the length Of time you wer'
engaged in
THE N OF HIS MlkDh"'
and your conduct Immediately AFTER upo'
your arrest, one OF you, Riley. Iuni 4h
away, and the other, Cannon, resisting 'i
officer. would have warranted the !ur! =
finding you both guilty OF murder ln ~
first degree. do not mean to reflect p
the verdict of the jury. 1t is probaply a.
correct a verdict as in the present coll n.'
tion Of the public mind, a jury OF .wJl,
men could have been expected TO lenu
Bat the circumstances OF the murder h'us
be taken into consideration by the cou
in rendering it's judgment. | might, lh4eeu .
impose upon you the sentence OF lmPrlsth
mcnt for life, but in view OF your YOU"
some degree OF mercy will mitigate an,
soften it's severity, and remember tha's oU,
behavior in prison will reduce your 1 az
Of imprisonment, and if you 1--we, WIN &C. g.
able you to come from your seclus'on r"'
punishment better men, and to regain y s;r
lost position in society. which l fnos' 81
ccrrly hope you will do. The Juose w "a
about to impose the sentence when ns w"
interrupted by Hon. G. F. bor'e' c'''
Tor the prisoner.
ApLEA o r
addressing the court Judge Bore sa a.,
that he appeared for the last time III !" -
half Of the unfortunate young men I h'an
the bar of the court. There a nIe4 ~
lengthy and important drama in whlcn h -
court, the prisoners and the speaker n1
played important parts, and ne coulu ~