Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1888-05-17
seNreN: eco
To Thirs~~s Years In the Territorial
PrisOH

OF all the twenty-scven criminal eases
that have ben entered ON the docket of the
district court held Tor this county. the ac-
tion Of the Territory Of Montana vs.. Will.
lam III. Burgess is the only one that has
commanded and had the close attention Of
our citizens in general. and. we NAV add.
the only one in which the result of the trial
was surprise TO the majority 81 our law
abiding citizens.
As will be remembered by those Of our
citizens who were residents 81 Fergus count v
ut the time. William II. burgess was in
dictcd by the grand jury ~ the September
term 81 court. 1887. charged with the crime
oil murder. He was admitted to bail tn
appear at this term Of court for trial. The
unfortunate killing for which he was in.
dictet occurred ON September 10, 1887, on
what is known as Crystal mountain, about
| two miles east Of Maiden. and the circuin
stances, as shown by the evidence pro-
duced in court. were about as follows: On
September 10th william II. burgess was in
possession al the Florence mine, located on
said mountain, and was engaged in mining.
Some time previous to this date n dispute
arose to the ownership Of the mine be.
tween Burgess and Murray & O'Brien. co.
owners with Burgess. Being upon mill.
tary reservation, possession, in the opin.
ion Of both parties, was nine points in law,
and party Of men armed with six-shoot-
ers and Winchester rifles. knowing Burgess
was there, went to the mine, for the pur-
pose, as they testified to in court, Of tn king
possession, ''peaceably IL possible. forcibly
IL they must" Harry johnson, "a witness
In the case for the defendant. by stratagern
eva'led the vigilance Of the aggressive party,
and, reaching the mine, informed Burgess
Of his position, stating that he was sur
rounded by armed men bent upon taking
the Florence property. The reputation
and character Of Burgess are well known
to the people 81 this county and that he
believed his life was in danger upon the re-
ceipt Of such Information, there is no doubt
in the minds Of the best citizens Of the
county. Acting upon that belief he shot
Dennis O'Brien, the leader of the aggressive
party, whom he seen standing within range,
and Of whom he knew he had the most, il
not all, to fear. O'Brien was killed almost
Instantly.
In the afternoon n detachment Of troops
from Maginns came to the mine and Bur.
gers gave himself up, was taken to Magin.
mis- and confined until an order was issued
for his transfer to the county Jail. Then
followed the indictment by the September
term OF court, upon which he was tried at
this term by the following jury: b. Ii. Bow
man, X. A. Clarke, l.. II. Sweetland, Ed
Brassey, Horace Collins, c. T.. Richards,
David Taft, &. NJ. Beltlen. Eugene Lewright,
solomon Lr.x. y. l.. Mowery and J. J. Sig |
afoos. That all Of these jurors were entire |
strangers to defendant or only had a pass |
ing acquaintance, and knew nothing Of the
Of the killing Of O'Brien by
Burgess. is beyond dispute. They are all |
honorable citizens Of our county. and were
by law to find verdict accord
ing to the evidence, giving the testimony Of |
'very witness under oath equal weight ire
'ardless vi who he was or what reputation
he bore for truth and honor.
The court, in sentencing the prisoner, ex-
PRESSED himself freely AS to his belief in the
natter. stating that he was of the opinion
hat Burgess WAS IL victim Of circumstances
md that he should be the first man in Fer
nus county to be punished by the law for
rhine which "a few years ago would not have
'een considered as crime, was to the
curt "a matter Of regret; hut he had duty
% perform which he owed to the people Of
he territory, and having been duly and
egally tried and found guilty by jury Of
liz peers, the court was compelled to pass
entence upon him.
motion Tor a new trial and stay OF
idgment was Overruled. A motion on ap-
cal was then served upon the plaintiffs
which will come before the su.
RENE court at Helena in July.