The new North-west., 1888-04-13
TRIAL OF JOHN A. ROWLAND.

TRIAL OF JOHN A. ROWLAND.
Found Guilty of Murder i'm the Second De-
gree, and Sentenced to Prison for Life
The most important case that has beer
tried at the present term of the Discrlc'
Court is that of the Territory of Montana
against John A. Rowand for the killing Of
Joseph Bussiere.
The Indictment was returned into the Dis
trict Court of Silver Bow County on the 7tt
day of July, 1887, and charged in substance
that John A. Rowand, on the 18th day OF
April, A. D. 1887, at said County, wilfully
deliberately, premeditatedly and of his NAL.
ice and aforethought killed and murdered
Joseph Bussiere by shooting him with
pistol-in other words, charged the defend
ant with murder in the first degree. After
arraignment and owing to the adverse feel
| ing which existed in Silver Bow County, the
defendant sought and obtained a change OF
the venue of the case from that County to
Deer Lodge County. At the last term of our
court the cause was called for trial, but on
the application of the defendant was contin.
ued on account of the absence of witnesses
On last MONDAY morning, april 9th,) the
case was again called for trial, both sides an
nouncing themselves ready. The Territory
was, represented by Hon. w. II. Dewitt,
County Attorney TOT Silver Bow County, as
! sisted by George Haldorn, Esq, of Butte
City. The defendant was fortunate in hav-
ing such able lawyers and advocates as Hon.
| E. W. Toole, of Helena, and Hon. W. Y.
Pemherton, of Butte. The whole of the day
was consumed in getting ajury. Finally,
after the whole Of the regular panel, with
the exception of two, had been excused, and
special venire of fifty had nearly been ex-
hausted, the following jury wassworn to try
the case: Fl. Tompke, J. w. Hall, j. W. Es-
till, T. B Spencer, David Sheffield, Michael
Delaney, Ovando Hoyt, James Maratta,
John w. Fee, Joseph Mcdonnell, John
Laity and 6. F. Martz.
The tragedy occurred or the night Of the
Goth of April last abount 10 o'clock on West
Park Street in the city of Butte At the
time of the shooting it was not the inte ntion
of Rowand to kill Bussiere, but he shot at
Peter Martin and accidentally struck Bus
siere.
Peter Martin was employed on the night
shift as bar keeper at the Branch Mint sa-
loon on West Park Street, and it seems that
he and Rowand had had some alteration, in
which it was claimed by Rowand that Mar
tin had used toward him some very appro
bious names and epithets. On the evening
of the 26th Of April Rowand was drinking
heavily. The alleged insults of Martin be-
IN Ia ir,1 ;c Ho had pic fn1
in pledge at a pawn brokers shep and he got
a friend to 80 and redeem it, but the friend,
seeing Rowand's condition and fearing some
trouble, refused to let him have the weapon
On the street he met constable, of whom
he tried to borrow pistol, at the same time
making threats against some person whom
he did not mention. About the same hour
he was in a saloon making serious threats
against Martin, and in short, the testimony
for the prosecution was to the effect that for
an hour or so Immediately preceding the
shooting, in different places and upon differ
ent streets, Rowand was making violent
threats against Martin. All this time Row
and was drinking Finally about 10 o'clock
Rowand went down to the Branch Mint sa
loon, went to the bar where Martin was
attending and got some drinks. The two
had another alteration, when Martin
ordered Rowand out of the saloon, and Row
and claims that Martin made motions as if
he were trying to get a weapon. Rowand
left the saloon and after remaining away in
the neighborhood Of half an hour returned.
After he had entered the saloon Martin
again ordered him out. Martin came from
behind the bar and was pushing Rowand out
Of the door and at the same time blew
whistle for the police. This is the testimony
Of Martin. Rowand claims that Martin ap-
piled to him vile name, and at the sarae
time heard some person in his rear calling
'tlook out, Jack (RowandD he is going to
shoot" At any rate just after Rowand was
out Of the door he fired a shot from his pistol
at Martin, which struck Martins arm and
entered the back of Bussiere to the left Of tile
spinal column, going through his body.
Busslere lived until next day and died.
The prosecution all the way through
claimed that the assault on Martin was ma
licious and premeditated, and the defence
claimed that from the appearances and at
tendant circumstances Rowand had good
reason to believe Martin was intending to
| COIHulG upOu Hill BlC<V OOAlly dAu
also claimed that Rowand was mentally ire
sponsible for his act from the effects Of pro-
tracted drinking. There seems to be no
question but that Rowand was drinking,
that he made violent threats against Martin,
that in pursuance of the threats, or at least
while angry and smarting under real or fan
cied insults, he went to the saloon where
Martin was working and engaged him in a
quarrel and that he fred the bullet which
sped on its deadly errand But there were
other questions about which there was con-
siderable conflict of testimony. One of
the strongest witnesses for the prosecution
testified that he started to go into the saloon
lust as Rowand was backing out, and that
Rowand Immediately pulled his pistol and
called to Martin to come ont and he would
fix him, or words to thar effect, and that no
other person was present on the outside.
This witness then went along the street a
distance of about sixty feet to another saloon
which he entered, and that after he had
entered and shut the door he heard the shot.
The defendant, and the others heard claimed
| that the shot was fired almost instantly after
he was out Of the door and after he had heard
the remark in his rear, as already mentioned.
| Another witness for the prosecution testified
he saw the defendant at the time of the shot
and that there was no person near him on
| the outside, while still another witness for
| the defense claimed that he was present on
| the outside and heard the remark "Jack,
| look out; he is going to shoot" At the time
| of the shooting no person was inside the
| saloon except Martin and the man killed.
About the most important testimony given
for the defense was that of Dr. A. e. Bishop.
He testified first, that the tendency Of alco-
lie drinks, especially if taken protractedly
| and in excess, was to make person insane.
| That he had known Rowand intimately for
number of years and had made a special
examination of his temperament and the in
Jury on the top of his head, received by a fall
many years ago, had heard the testimony of
the witnesses as to the amount Of alcohol he
had drank on the day Of the homicide and
for two or three days previous thereto, and
was of the opinion that at the time of the
shooting he did not have sufficient mental
capacity to distinguish between right and
| hat; ;, 11,oro