The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-12
After Four Hours Deliberation
Agreeing Upon Verdict
Of Not Guilty.
Tho Defendants In the Other Cases
Pleased With the Ver-
dict.
Thare Are Some Other Charges Against
Tuohy-The scanlon Case Ready
for Trial,

hours and half yesterday TO the areu-
ments of counsel in the Tuohy case. ]. T..
Ronald. who has been assisting County At
torney Nolan, opened for the state at 1880
in the forenoon and was followed by Judge
Mcconnell for the defense. Both made
able arguments for their clients and re-
ceived great attention from the jury.
They made exhaustive reviews of the testi-
mony and brought out every point that
could be made use of to any advantage.
Mr.. Ronald, who has q powerful voice,
could be heard all over the court room in
spite of the poor acoustic properties of the
chamber. Judge Mcconnell concluded his
remarks to the jury at 1890 O'Clock. Will
lam Wallace. Jr.. commenced the presenta-
ton of the defendants CASE to the jury at
2:3o in carefully prepared and ably deliv-
cred appeal in favor of his client and made
some strong points. He is rapid and
forcible speaker. The jury showed no signs
of being tired out while he was before
them. Col. Nolan then closed for the
state. getting through with his argu-
ment at about half past five. The jury
were then instructed by Judge Hunt. One
point that was clearly brought out in the
charge being that if they believed from the
evidence that the coal had been stolen BY
the two men in charge of the yard engine,
Fennel and Marker, they could not convict
the defendant unless they were satisfied be-
yond a reasonable doubt that he had knowl-
edge that it was stolen property. They
were also admonished to give due weight to
the testimony produced as to the character
of Tuohy. The instructions were also to
the effect that the jury alone were the
judges of the credibility of the witnesses
who testified, and if they believed that any
one Of them had sworn falsely it ives their
duty to take that also into consideration in
determining the guilt or innocence of the
accused, who was presumed to be innocent
BILE doubt of his guilt. The Judge also, in
an emphatic manner, told the jurvmen that
they would not be allowed to read any news
paper accounts of the trial and would not
be allowed to separate until they had come
to conclusion. Bailif James Roddick
structed not to communicate with them ex-
cept to ascertain if they had arrived at a
determination. IF any one attempts to
communicate with the jury or any of them,
You will report to the court at once" the
court concluded. His honor told the jury
verdict before 10 O'Clock he would be pre-
pared to receive it, and in case they reached
a verdict after that and before 10 a. m.
Sunday, he would receive it in the morning.
A few people who have been Watching the
conduct of the case were in the court room
about eight o'clock last night waiting for
the jury to come in. Col. Nolan came in
about nine O'Clock. 1t was 10 when one of
the bailiffs went up to the jury room and
came back with the announcement that the
jury had agreed. He was sent after Judge
Hunt, who appeared shortly. The defend
ant was not on hand and delayed the an
nouncement of the verdict for q little time.
A soon an he Annearad the iurvman cama
in and answered to their names, and in re-
spouse to the inquiry of the court replied
that they had agreed upon verdict. The
foreman handed it to the judge, who di-
rected the clerk to file it. Everyone was
impatiently waiting for these formalities to
come to an end. The clerk then read it
aloud. finding Tuohy not guilty. After
this the court adjourned. As the jurymen
passed out Tuohy shook each ones hand
heartily, while his friends congratulated
him. Col. Nolan says that there are some
other charges against Tuohy, but il has
not been decided yet when they will be
brought up. The next of the coal cases
to be tried is the one against Soanlon.