Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1889-04-18
TERRITORY OF MONTANA, }
ENErUTivE OFFICE.
HELENA. Mont. April q. 1859. \

which reads as fellows:
TERRITORY oF MONTANA,
EXrrrTivE oFFcE.
HELENA. Mont. April q, 1889. J
At the -eptemberterm of the 18th Jndicia
District court al The Territory OF Montana
for Fergus county, 1897, William II. Bur
CESS was indicted and charged with tn.
crime of murder in the killing of one Dcnni,
| y. o'lirien. And at the May term al SAID
! court said burgess was tried and found
I guilty by the verdict of n Jury OF The crime
eli murder in the second degree and recon
nended to the mercy Of the court. and un
/ der that indictment aud verdict he was ad
judged and sentenced tn thirteen years pun
ishmcnt byconiincment in he penitentiary.
and in pursuance to that judgment he is
now there Application has been made ia
/ the executive fpr his uncondit ional and inn
! mediate pardon, and in support thereof pc
/ titions and letters cotIrhcd in strong Ian
/ guasc and signed by - multitude Of the
goo'i people of The territory. and cspecia Nv
ri the locality where he tragedy occurred,
aud including the grand Jurors who found
and reported the Indictment and the trial
jury, are now on Tile in this ofrcc. with n
cert iiicd copy al the evidence heard on the
trial. | have carefully read and considered
all the petitions and letters aud find that
IN substance they are altogct her an embod-
ied mass al strong sympathy and anxiety
WI Aiif h'iN fAhil nt.tii. Win MANY KIM .itf
friendly good words in his behalf. No eA-
ecutive could afford Ia inter,o,e aud par
don on such grounds. unless there are 9th
erS sufficient ri themselves To rest upon and
allow al such action. ! have read the evil
drnce aud studied it's hearing aud force
with all the surroundings and crcum-
stances. and the law as given ia charge To
the Jury 10y the court. ! am sure there can
br NO Ju>t lault found or he slightest mae
eIr;tFX i'm tUp cha al It.,purf a he ,urN
He was given the fullest favor of the law in
that charge. The evidence shows there To
have been AT the time aud before the killing
= heated and determined strife bet wrcn the
deceased and hi- slayer about the title and
possession al a mining property ia Fergus
county, at which the killing occurred. The
mine called Florence about two miles
rom a village called Maiden. Thcevidence
shows that burgess took possession al the
mime, itsdump ground and cabin about tho
9th day of september. 1887. That on the
evening of that day o'Brien and his part
ner in claim To the mine were brcat hing out
hostility and organizing, and did arrange
con-pire and agrrr that pn the next morn
inS five men should 60 To the Florence and
get Burgess out al Possession aud seize and
put il in - BrIcn's possession. William
slower ne ol the party. was "A witness for |
the prosecution, and in h~ testimony
makes this statement: The arrangement /
made CA the night of the 9th OF September /
1891. was that we t>lover. Byrues aud Me /
''rathl should 90 tn the Florcnr. min, early |
in the morning which We did-and yet ns /
near the shed or tunnel ON top of the hillas /
Nc could. and l.ackN and Dennis - Hriru /
were to come up about - OF 10 O'Clock or /
somewhere about there. They w-rctofnlk |
At the door. a. they did the day before.
and Nj. l-acky was To get in pu-~e-~ion Of /
ne lhihe ana WAS To grab burgess. and /
Ia IL. I
INTO the tunnel IRON the top. pl,rien was
10 throw down on whoever was in there.
providing Lacky got hold OF Burgess. il he
,ot That close to him. | mean bV throw
NJ down, A. understood il. that we were
.o get the drop ON hiIn. To make a man
luIt or throw down ou him and tell him
lot I" make any fight. We were To throw
Town a siN-shooter, or whatever we might
nave. All heard about dynamite was that
hey could get them out oi there bv throw.
ny stick of dynamite on the house. or
tick OF giant powder
substantially the same account of the
conspiracy and agreement made by the six
men at Maiden on the night of the 9th, was
iven in evidence by more than one of the
,ihers oi the party. Aud in pursuance to
hat agreement slower. Bvrnts and Ne
,rath were at their places u ppointed about
ne mime next morning before da Wight each
Irmed with u Winchester rifle. aud at
; clock Lacky and % Brien were at thedoor
u burgess cabin, situated about the mouth
II the mine, calling Tor Burgess Gettingno
nswer, they turned away 10 Johnstonand
,teNens, who were at work for Burgess on
he dump asserting ore; demanded Of them
hat they quit and leave them. one of
hem offered to go and call out Burgess to
nswer these demands, but that was disal-
owed, ana they were shown the armed men
'lanted round ON the hill. aud with that
M other threat enings they were intimi- {
at"d and forced to leave the Florence
rounds. And after they had gotten oil the
'lureure grounds - Iirien offered Ia nay
"inston II he would leave the hill aud ,
ot witness what takes place here TODAY"
"hnsion refused Ia leave the hill. aud
hafsed - Bricn that hc aud his men were
here 10 double on burgess = which was ,
Ii ll.nlGl IL Lii..i.- -.i.l- --.-I.
ut of sight. and Johnston, by strategy. ,
OF into the cabin where burgess was and
old him of the hostile surroundings and
threatening presence Of I.rien and his
rmed men, and advised him that il meant /
cath To him, and for him not to EXPOSE ,
- mead outside. In the meantime a man d
autt-h 'ook WAS approaching the cabin
IN Two pack horses, supposed to be laden /
nth provisions for burgess When he wa. a
caring the place he was STOPPED by Me f..
rath's drawn gun. aud told bv him. MY I
anne up aud took from him the provisions
MI - horse, and said. This thing il going
Ist as lar as il is, and YOU stop." After
his oBrirn, LarkN, McGrath slower and
vrnes. all for the first time that morning
re- huddled together, they and their guns
! iull sight, and within shooting distance
The cabin. They say they were eating
lnch.l man named Bowman was com
" up the mountain. Had a gun. When :
'ttins near the Florence 100 YARDS was
ED up by u drawn gun ia the hands OF !,
lover. and - bricn and Mrtrath came ,
inning toward him, D'l'Iicn shouting 10 !.
lover: stay with the id s. at n
II, and don't let him ga no further"
owinan stopped; then 'Bren turned aud v
alkcd back up the hill and erfullowel n
in. % Bricn had rifle in his hands The n
Tx was loud, and in the midst ol this the
tai shot was fired from the cabin-and p
Bricn fell. G
II Is demonstrated as a truth by the ties. q
mony OF Lackey, Byrnes. McGrath, q
ever and Murray, all Witnesses Tor the o
and parties to the agreement
ade the night before, that the five men Il
hnt To the Florence mine ON the morning o
the tenth, armed with Winchester rifles a
Iot-guns aud pistols, to forcibly take n
'ssession 81 that property, and ii need he !,
kill Burgess in iurtherance of their de. al
IN The Use Of dynamite or giant powder e.
a. suggested IN their councils, but there H. IL
evidence that they had any with them. te
ley did go. They failed to get into a talk
IN burgess and to grab him" as had
en- arranged to do, but they ilourished
cir weapons and pointed To the outpost
rkets on the HILL and thus inundated
ID drove away the two men there at work
: burgess. They commanded and pre-
nted Cook from carrying to the cabin
ovisions, and drove him away. and they m.
ii gathered themselves together in full ri.
lat of Burgess known presence in the cl
bin and there held and halted Bowman IN,
tn threatening words and demonstratio,s ca
the progress of which burgess shot and N
led his way out, and the survivors dis
rsed. All the words and actions of thcs.
men who so conspired together. both wi
to time and place, and all the circum- Ia
lnces connected with this sad affair from, 4,
2 evening of the 9Th to about the hour of IL
; clock oI the afternoon OF the next dav
2 eliminating moment. point with nm pr