Butte semi-weekly miner., 1886-06-09
RIGHTEOUS JUDGMENT,
Maxwell convieted of Murder in the FRS,
Degree.


ST. LOUIS, Juhe 5.-When the jury in tn
Maxwell case etjred last night to the jur,
room Martin S. Barnett was chosen fore
man, and David s. Childs, Secretary. Mr.
Barnett was supposed by many to be tn
one who favored the defendant more thar
any other juror, land when the first ballo1
was taken, this Ibelief was partially con.
firmed, for he was one OF the three who die
not vote for conviction. The second bal
lot was taken after some discussion, which
resulted in brin3ing Barnett over to con
victjon, and ten to two for conviction was
announced. The votes on thesucceeding bal
lots up to the time for adjournment were
identical with the. later with no prospects
fora change. There ar, two Knights o1
Labor. on the jury and the fact that Nc.
Donald, OF the prosecution, figured promi.
nently in the wire tapping scheme, at the
| ti.ue OF the Southwest Railroad strike. in
thereby prejudiced, and will hold out
| against the ten stubborn men, and thus
| give the prisoner q new trial.
About noon the jury proceeded to take
| another ballot. after having argued with
| the two oh tinate members. The ballots
| were collected and counted by the foreman,
who found that there was inscribed upon
each "Gulty." The deputy was summoned
and he was told that the jury had d COM
muniea alton to make to the court. The
Sheriff took the twelve men in charge, and
filed them to their seats, where they re-
manned standing while the clerk from a slip
OF paper read, ave, the jury. find the
prisoner guilty OF murder in the first degree,
rs set forth in the Indictment"
The prisoner sat in his accustomed place
between his attorneys. As the noon hour
approached and no communica tion was re-
ceived from the jury his hopefulne-s seemed
to increase, for he knew that il the jury
should hang much greater were his chances
for a new trial. When the announcement
was made, however, that.t jury wished to
scan their countenances. He found no en-
couragement there, and when the verdict
Was read his face blanched and his eyes
sought the floor, where they remained fixed. |
The jury was polled and each assented to
the verdict, after which the Judge dismissed
them. The prisoner was taken to his cell !
where he will await the result of a motion !
for new trial, which will be made upon !
the grounds OF the incompetency OF the |
prosecution and witnesses, and errors of |
the judges Instructions to the jury.
LAID TO REST.
Obsequies of the ate john Kelly. of
New York.
New York, June g. he funeral Of John
Kelly took place this morning from St.
Patrick s cathedral. There was services
at the house. At an early hour people be-
view OF the remains, which lay in casket
,n%r Il 1~,I~ LoI
ear part Of the parlor. There were no
lowers on the casket. All was black, save
he silver plate and handles at the sides.
IN the plate were the words: "John Kelly,
,orn April 20. 1921 died June 1, 1885,"
Many candles burned at the head ui the /
askets Shortly after 8 o'clock the rela-
ives entered to take last look at the ,
lead, and then the lid was placed on the
aslet and fern branches laid upon it. The :
asket was the, carried to the hearse and q
he funeral procession moved toward the s
athedral. The pall-bearers were Judge ,
1,lton, Arthur Levy, j ohm T. Andrew, Re- !
order Smyth. Judge German, Commodore s
Brennan, Eugene Kelly aid August Bel
lont. The streets and avenues adjacent !
o the houses were filled with the rank and :
lie OF Tammany Hall. An immense throng ,
I people collected in and about the :
athedral, while the windows OF private s
ouses in the neighborhood were filled with t
eople. =
The cathedral was crowded when the =
neral procession reached there, every seat
as filled and the aisles were filed with s
landing men and women. The ushers at i
ne cathedr | were members of the Tam
lany Hall organization.
Archbishop Carrigan was the celebrant OF +
le solemn mass. At the conclusion of the y
lass Mgr. Preston preached the funeral =
,rmon. The funeral procession passed .
own Fifth Avenue and through other
logoughfares to the old St. I'atrick's 4
,thedral on Mott Street. One hundred
embers OF Tammapy Society followed on j
'ot. The only pail bearers were Fathers g
carney and Reaxon. The remains were !,
laced in an oaken box just within the en- .
.ance to the vault. lc