Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-05-05
CONFINED WITHIN THE MEANS
THE CASE.
Motion for New Trial. Argued at Deer
Lodge Yesterday and Denied.

Motion for New Trial. Argued at Deer
Lodge Yesterday and Denied.
The motion for a new trial in the Row
and case was heard yesterday at Deer
Lodge. 1t had been set for Tuesday, but
Warren Toole was delayed in arriving in
time to proceed with the argument that
evening, and so the Ease came up yesterday
morning at 10 O'Clock. Messrs. Dewitt
and Haldorn were present to oppose the
motion. The trial OF the case was SO per-
fectly fair to the prisoner and no excep-
tions had been noted, sc that the prospect
for granting a new trial was OF the slim
NEST. But an appeal would not lie except
after this preliminary proceeding and SO
Mr.. Toole entered upon his task with his
accustomed energy. Among the grounds
set out in assignment OF errors was an OBJ
lection to the instructions to the jury
asked by the prosecution. The principal
objection was as to the instructions of the
Court in defining the law Of self-defence.
The assignment of errors also claimed that
the Indictment charges the willful kill
ing OF Joe Bussiere, whereas the evidence
showed that the intent OF Rowand was to
kill Martin.
Mr.. Toole read an affidavit of the addi-
tional evidence OF a nan named Goodali,
signed by Walter Searcy, a prisoner in the
| Silver Bow Jail charged with burglary, who
was in the court room during the trial. but
wal not put on the stand, also the afida-
Wits OF c. E. Gray and P. Sheehan, who
swore the jury had been separated while
impanelled in the case.
| Torptar q Hid Wits warn fled showing that
| Searcy and Rowand had been confined in
the Silver Bow Jail together for several
months and had opportunities OF commune
cation with each other T, lsosthe affidavit
of Sheriff Lloyd and Jai er Griftiths to the
same effect. Defendant counsel also had
the extended report evidence which
was read by Mr.. Toole.
The prosecution, through Mr.. Haldorn,
replied, citing numerous authorities and
reading decisions. He was ollowed by Mr..
De Witt to the same effect. Mr.. Toole
declined to reply, relying on the
effectiveness of his previous argument
and the court promptly overruled the mo-
ton for a new trial.
The attorneys for the prosecution then
moved for sentence, which the court deferr-
ed until the afternoon session, when the de.
fendant was sentenced to the penitentiary
for life in accordance with the verdict oil
the jury.
It was the general opinion that the denial
of the motion was a foregone conclusion
The instructions for the prosecution at the
trial were very conservative and the instruc.
tions which the defense askedfor Attn triaI
were very liberal and all admitted. Among
the grounds urged by Mr.. Toole for the mo
ton was the discovery OF two more wit
nesses who were ready to testify that they
heard an exclamation made by someone al
the time of the shooting: "Look out, Jack
He's going to shoot" This, however
would only be cumulative evidence and thu
courts nave held that cumulative evidence
is not sufficient grounds for a new trial.
Everyone who heard ths result OF tn
motion for a new trial in town yesterda,
was satisfied at the outcome and the gen
eral feeling was the sentence should not b'
changed. Mr.. Dewitt said he never tried
case that vent so well as the trial. ID
~pronounces it a smoothly tried case ant
!, said he didn't nave a bit Of trouble iron
: commencement to finish. The defendan
Rowand had expressed himself perfectl.
confident that he would have the verdlc
act aside and has the same confidence We
{ as to the appeal to the Supreme Cour
which will be set fer argument as soon a
! POSSIBLE. The DEFENDANTS counsel are able
! determined lawyers, and will fight for thei
| client as long as there is a ghost OF
i chance.