The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-06-07
THE CRIME.
A Drunken Row Which Resulted in .
Brutal Murder.

A Drunken Row Which Resulted in n
Brutal Murder.
The crime for which Thomas King sui
fered the death penalty was the result of a
drunken row following ball, and, as tho
evidence shows, there were no extenuating
circumstances in the case. The murder
was deliberate and cold-blooaed crime,
for which there was no apparent provoca-
ton. 1t appears that on the night of the
2Sth of last November a ball was given un-
der the direction of Matthew Fogerty at
Gilliams hall in Elkhorn. King and his
friend, George Peters, went there with the
evident intention OF having row of some
kind and as it turned out they succeeded
i'll breaking up the ball. King and Peters
precipitated the quarrel by insisting on
waltzing together during the greater part
of the evening. Fogerty, after remonstrat-
ing, finally stopped this, though the men
had some words. Shortly after O'Clock in
the morning King and another man danced
together, and when Fogerty again tried
to stop them Peters rushed up and
said if there was going. to be row he
wanted a hand in it. King stepped back
and put his hand on his gun. This broke
, the party up and all went home except half
, a dozen men. When Fogerty and man
named Connors went down stairs they
/ found Peters and King waiting for them.
Peters wanted to fight FoGerty then, but
Fogerty said he would see him later.
Fogerty and Connors then went across the
q street, over to Ecklund 4 Colberg's saloon,
: King and Peters following. Peters again
V wished to continue the row, but King re-
Z manned quiet. Connors and Fogerty then
4 went across the street into Lloyd's saloon
4 and Peters and King followed them a few
4 minutes later. Peters walked up to
Q Foserty and said. you are no man, but
: am" and pulled off his coat. A man
/. named Sullivan who was present, rushed in
r and struck at Peters, who threw him down.
s Fogerty and Peters commenced fighting
: and when they reached the door they went
/, outside. Peters started to run down
# the street and Fogerty went after him.
t. Then King, who had up to this time taken
II no active part in the row, followed behind,
is Fogerty slipped on the snow and az he
lie turned was facing King. King pulled a
h and throwing it down at Fogerty quickly
1e fired. The bullet entered Fogerty's side
lg and he died shortly afterward. King and
le Peters ran down to the cabin but We're ar
e. were indicted by the grand jury at BouldeI
IL on January IA. $780, George d. Greene
he and w. l.. Hay We're appointed counsel fo
en- the defendant. A motion to quash the in
q, dictment was denied and the trial of King
IS, came off in the last week of January
It. Kings defense was very weak. He testified
he thas the instant before the killing he re
be ceived blow over the right eye but did no
on recognize the party that struck. he reached
ne for his gun which went of instantly
M though he had no intention of firing il
He swore that he only intended to strik
Fogerty over the head with 1t. He sal
by that he carried the gun for fear O
accident. 1t appears from the evidenc
IN at the trial that King had had no row wit
lat Focerty after the ball was broken up. II
mt killed his man apparently without provoca
an tion in order to help out his friend Peters
s a A large part of the responsibility for tn
life unfortunate affair and the final act of jus
pm tice yesterday rests with this man Peter
SO who insisted on forcing fight with Fogel
he ty. The jury returned verdict of guilt
lad of murder in the first degree on Jan. b
If 1880. A motion for new trial WAS denie
lis and King was sentenced by Judge Ga
Zht braith to be executed on March q. A
Is ] appeal to the supreme court was filed and
ere stay of sentence Was secured. The 81
not preme court confirmed the decision of til
i've lower court on May aud on that day Ac
elf ing Governor Richards granted respit
Id, until June 6. Mr.. Greene then carried u
Ill case before Governor Toole and asked for