Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-05-30

Examination Of Jurors Begun-The De-
fendant Has Hearing Before the
Probate Judge as to Hts Sanity.

1
Probate Judge as to Hts Sanity.
Yesterday afternoon the case OF the Ter
ritory against John O'Connell was called
ia the District Court about O'Clock. This
Is the case of assault with attempt to kill
Tom Lavell at the corner OF Park and
Academy streets about three weeks ago.
Nearly every one in town has heard OF the
case and the difficulty of securing an un.
prediuiced jury was intensified from this
fact. The defendant was brought into
court and seated beside his law
yer, W. Y. Pemberton. and the County
Attorney sat next to him. A great many
jurors were called and sworn and exam
ined as to their fitness for sitting on the
case. In the course OF his examination OF
one juror County Attorney Dewitt re.
ferred to the defendant as Blind Jack by
way of refreshing the jurors memory az
to the identity OF the individual on
trial. At this the defendant shifted in his
chair and glared at the County Attorney.
When the panel was exhausted Judge
De Wolf ordered 8 venire OF
forty jurors to be called and
court adjourned until O'Clock to
allow the Sheriff to bring in his men.
O'Connel arose from his chair and ap-
preaching County Attorney Dewitt unob-
served remarked to him privately that he
thought he had been taking an unwarrant-
able liberty with his name and makingsport
OF his intirmity by calling him Black Jack,
and that he had better be more careful in
future. The result was that when court
reconvened every available deputy and
jailer was on hand to see that Mr.. O'Con-
nell compor6ed himself With due respect for
the County Attorney. The examination Of
jurors was continued for half an hour or
so -apd p~uAh.a 6GIl1nffta
there requested had been made:
In the Probate Court OF Silva Row
County, Montana Territory, in re j. O'o>.-
nell, alleged to be insane. Complaint
Geoffrey Lavell, being duly sworn on oath,
deposes AID says that one j. OConnell ls
insane or laboring under mental derange-
ment and is unsafe to be at large, where
fore affiant prays that warrant issue,
and that the said John OConnell be ar
rested and dealt with according to law.
GEoFFREY LAvELL.
Subscri bed and sworn to before me this
2sth day of May. 1888.
FRANK E CoRBETT.
About $50 O'Clock he was taken
before the Probate Judge and jury
consisting of A. W. Barnard. DR..
L. E. Holmes and J. D. Thomas,
and examined as to his mental
condition. number OF witnesses were
called to give their opinion as to whether
or not they thought Mr.. O'Connell sane or
insane.
The first one that took the stand was
jeff Layell who said that he had known
O'C nnell eight years; that during that
time his conduct had been anything but
!. |, boh hoI n T.ov
threatening letters and made bad breaks
of various kinds; that on several occa-
sions he (O'ConnelD had threatened his
life.
At this juncture Attorney Dewitt asked
the witness what he thought OF O'Connell's
present mental condition. II think he ia
sane on every subject Except one-his desire
to kill me-" was the reply. "Ye have had
some trouble about property, and he thinks
he he only way to get satisfaction is to
kill me-"
Thomas Lavell next took the stand and
testified as to what occurred on the morn
said he thought O'Ccnnell crazy on the sub
ject of killing his brother jeff.
Several other witnesses were examined,
all of whom testified as to the length OF
time they had known O'Connell, and what
they knew of the trouble between him and
jeff Lavell, closing their narratives by say
ing that they thought him crazy on the
subject OF killing Lavell.
After all the witnesses had been examined.
DR.. Holmes asked O'Connell to make
statement of the affair, which was done.
He said that he at one time intended to
let the whole business drop and leave
the country, but that the 3-7.77 had
sent him notice to be IN hurry about it,
and he concluded to remain. He detailed
the manner in which he was handled q
couple of years ago when he was struck
with club and showed Il SCARED head
and a broken finger as result OF the attack.
When he had finished he was taken back to
Jail, and the jury, after little prelimin-
aries, pronounced the man perfectly sane
and safe to be at large.