Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1891-11-07
.:z*DEMERs ON TRIAL.
Charged with Murder for the
killing Of j. r. Dilworth near
Red Lodge, July 10th.
VERDICT OF ''NoT GUILTY."

VERDICT OF ''NoT GUILTY"
Livingston Enterprise. t: r
The case Of the State of: Mon
tana against Godfrey Demers wa
begun in the district court Tues
day morning. The information il
the case, filed by County Attorne,
Joy, charges Deners with murde
for the killing of James R. Dilwortl
on the 10th day Of July last. L
will be remembered that on tha
date Demers, accompanied by Lee
Ferguson, entered upon piece 0:
land upon which he had previously
filed as a homestead portion 0
which was included within the EN-
closure of J. R. Dilworth-with the
alleged purpose of cutting hay; thai
Dilworth, upon hearing Of his ap
pearance there for that purpose
mountedyhis horse and rode over te
where Demers had 'camped, wher
the fatal5shooting occurred. :.
When the case was called A. J
Campbell and John J. Smith ap-
peared for defendant, and County
Attorney Joy announced that Judge
NV. Mcconnell of Helena would
assist in the prosecution. Counsel
for the defense objected to the ap-
pearance of Judge Mcconnell,
on. the ground that an attorney
employed by private parties is
barred from assisting the prosecu-
ton. The objection was overruled
and exception taken to the decision
by attorneys for~the defence. The
remainded Of the forenoon was con-
sumed in securing a jury. The
regular panel was exhausted and
a special venire for fifteen talesmen
issued before the jury, composed Of
the following, was secured: J. il.
Smith, J. Clark, J. Carroll, r.
Livingston, W. E. Thompson, S. F
Witch, G. G. Fifeld, H. w. Brig
ham, George w. Cook, W. S. Dixon,
E. Parker and P. Tierney.
The jury having been empanelled
and eworn the Witnesses for the
prosecution, about twenty in num-
ber, were called to be sworn. A
number of these persons were OBJ
jected to by the defense for the
reason that their names were not
endorsed upon the informa-
ton prior to the commencement of
the case. This point was stub
bornly contended for by council for
defendants counsel. The attorneys
for the state then made an exhaus-
tive statement of the case, prepara-
tory to intr oducing its witnesses.
This closed the first days proceed
ings and an adjournment was taken
until Wednesday morning.
When court convened Wednes-
day at 10 a. m. the court room was
filled, owing to the unusual impor-
tance attached to the case. Among
the audience were number of la
dies, who remained throughout a
greater portion Of the day interested
spectators and listeners to the evil
dence introduced.
The first witness for the prosecu-
tion was James Warner. Samuel
Taggart was next witness called ;
who testified in substance to the
following remarks which Demers
uttered on the train: "If Dilworth
makes the same break on. me that
he did on you [ will kill him.
Fredrick Hess testified as to the
location of the land. S. C. Hunter
was next witness examined. Ada
line L. Dilworth, wife Of the de:
ceased, was next witness. George
Dilworth, son of deceased, was next
witness. r
Drs. H. w. Foster and G.. L.
Hogan Of Bozeman were then called
to give expert evidence, the object
Of which was to show that from
the nature of the wound and the
course of the bullet it must have
been fired a considerable distance
before striking Dilworth. Their
evidence, which was substantial y
to the same effect, was that the ball
entered Dilworth' s neck just above
the collar bone and came out three
fourths Of an inch higher at the
back Of his neck: They were there.
fore satisfied that the parties to the
tragedy must have been some sixty
feet apart when the shooting was