Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-20
TRIAL FOR A LIFE.
William q. Dickey BEFORE the Court
Charged With the Murder of Thomas
w. O'Brien-TI ouble Getting n Jury.

William q. Dickey BEFORE the Court
Charged With the Murder of Thomas
w. O'Brien-Ti ouble Getting a Jury.
CHARGED WITH MURDER.
The case OF the territory against
William @. Dickey, charged with the
murder of Thomas W. O'Brien, was
opened yesterday afternoon in the dis
trict court, Judge Bartlett Trip preaid-
ing.
THE CRIME.
This Is q trial about which much inter
est centers. The defendant is a
comparatively young man, OF educa
ton and from a good family and during
the earlier years of his manhood
occupied a place of some
prominence in the business worla.
Little by little evil habits mastered
him and when he came to Yankton,
some eighteen months ago, he had near,
ly reached the limit of degr edatlon. He
here engaged IN the saloon business
with Thomas W. O'Btien and their
place was looked upon as q bad one.
O'Brien withdrew from the concern and
IN settling up its business the two en-
countered each other, during the eve-
ming of August %. 1886, in Balmat's
saloon, on Third street. Dickey had
been drinking freely for a couple of
weeks prior 10 this meeting and was
visibly under the effects of his protract.
ed spree when the encounter occurred,
the result is well enough known.
Words ensued, followed by physical
demonstrations. DickeY had a self
cooking revolver and in the melee it was
discharged. The ball struck O'Brien in
the breast and he fell to the floor, while
q torrent of blood gushed from his
mouth. In a few moments he was dead.
Dlckey made no effort to escape and
finally delivered himself up TO the off
GERS and was placed in Jail. The grand
lnry of last November found an lndict-
ment against HIM for murder and the
trial under that indictment is now in
progress.
q
for murder, under the amended law OF
1888, is death or Imprisonment at hard
labor for life. The law as it originally
stood provided only o penalty of death
but 1t was amended during the legisla'
i've session OF 1888 SO as to enable the
jury, ID rendering q verdict of guilty, tc
decide whether the penalty shall be
death or Imprisonment for life. Al
amendment by the Legislature of 1885,
provides that IN Case q party charged
with murder enters a plea of guilty thu
court shah determine th'
penalty. This last amendmen
has nothing to do with the case unde
consideration IS Mr.. Dickey plead no
guilty. The jury will therefore fix thu
penalty az either life imp isonment o
death by hanging should 1T find hin
guilty as charged in the indictment.
GETTING A JURY.
All of yesterday. afternoon was eS
hausted in securing seven iuryman fror
the regular panel and the panel wa
then exhausted, tho following havin
beensaccepted by both sides: Ell. T. Lily
ingstos, William Canty, j. FL. Lee
George Tadt, l.. Fishbeck, A. Mausc.
and A. e. Watrous.
This morning q special venire was is
sued and the entire forenoon was cor
sumed in serving the process. The TO,
lowing is the special venire: f. N
Whitney, Robert Lagan, Alonzo Seile,
Edward Ray, P. DAILY, j. Cornell, .
Whitney. j. Rifenbark, Ii. Baker, v
Low, s, Rifenbark, @. j. Fox, Il. Gil
James Stanage, John Stanage, P. Slaye
j. Rankin, j. Kelly, B. McNichols, G.
WEIGH, NJ. A. WEIGH, John Woods, i,
Aarend, J. Hanson, T. Nelson, N. Whit,
A. Simonson, W, F. Fowl, f. Doran,
johnson.
!, Out of the foregoing special venil
the following jurors were secured. who
completes the trial jury: Frank h
Whitney, Alonzo Seeley, Edward Ra.
, Joseph Whitney and Joseph Rankin.
; Il TRIAL BEaUN.R
, The trial opened at three o'clock tn
, afternoon and Is now in progress. I'll
testimony will be given in these column
O as the trial goes on.
Money to Loan on Iarm PROF.