The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-11

/ from the cabin after the men had promised
! 20 surrender might be Damaging, Tut IL
I must be remembered that there Wese four
men in there who had every renson 20 be-
I lieve that an unlawful attack was being
made on them, aud that the firing on the out
side was kept 10 after the men had agreed 10
give ur. IL warranted them In believing
/ that no mercy would be shown tLem ~
they came ont and just fed them in resist
ing. The attack on tbs cabin was one OF
the most cowATdly things on record, and
the men inside had no reaeon 20 expect
meroy from people who kept on hr.ng after
IL had been agreed TO surrender. lettering
! TO JAckson'a status In the matter, M baf-
rows claimed that the Northern Pacific
railroad Ind no right 20 deputzs man TO
90 out aud Kill PEG lie. no matter what the
charge against them might be. hoots, the
| iury should femsmber, stood charged with
the snme offense as Jones' and thoy would
weigh his testimony ao dinghy. there
was another matter 20 which some ntten-
! ton should be PAID. The district alto ,ney
/ had brought out the fact that Schubot
stood with bis rivht side toward tbs cabin.
/ 7 be la at uck Schubert IN the night SIDE.
Jackson hal testified that Sohube stood
with his gun up aud looking toSard the
/ cabin. Mr. BarroWa demonstrated that q
man facing the cabin with his rifle Ihised
would present bis lett side to the cabin,
ami not his right. IL was possible and
probable that a chance sho, from one Of
the posse may have eaussd sehuberts
death
! T.. q. Russel also argued for the de ense.
/ Ho dwelt on the fact that the men m the
| cabin had been taken by surprise. IL they
had seen tue party advancing on them AMI
had besn prepared TO resist arrest, they
/ could have shot sOms OF the posse before
taoT reached the cabin. Moots' testimony
showed that there WAS no shot from the
cabin. and that the firing began on the out
side. Mr.. Russel claimed that the whole
/ Gtlnck was a cowardly one. Jackson had
seen the men at B.Rckfoot several days be-
/ for and hal not arrested them. Then ne
had tr.e to get the Indians 10 go up aud
arrest tbs men; and again he gave the posse
o De 10 Ere on the party Ia the cabin and
ran up with his eun 10 his shoulder. Jack
son had not shoWn himself a hero IN the
matter. There WAS some divergence IN the
| matter OF teatimOnF - TO where jackson
stood during the shooting. Jackson sald IL
was eight feet from the cabin; l. tile Dog
said il was forty feet aud that he anu jack
son then broke for tbs brush; Duck Head
| said Jackson wGs IN the brush eighteen
feet away; Dick kipp said Jackson was
thirty stops from the cabin. The ves
also somo difference IA tue testimony a. to
what time Schubert was shot. some made
it as earlY ~ 10 ia the morning. Jackson
made 10 noon as to escape the adv re
c iticism directed at him Tor leaving Schu-
bert lying there wounded from 10 in the
mo ming until neAry dark without going
I
ID strict Attorney Weed, In his closing
argument refer cd fully TO the question as
20 she name OF the man killed. lie said
that II the difference was such that the
present aindiotment could not DO sadsd
in bar against another for killing Schubert
then 10 would amount 90 something. Mr..
Weed then defended the reputation Of Dep
uty Marshal Jackson. who, he sal p, hat
reputation for bravery as firmly estab-
hshed as that of 4. Y. Biedler. He ri IL
Ia A a -
four suoh people unaided, 40 10 was claimed
that Jackson should have done At Black
foot. The only way 20 capture such des-
perate men without useless shedding OF
blood was TO surprise them, - was at
tsmpted. The men in the cabin. he
claimed. hsd no intention OF surrenderinR
when they said they would. IL was ruse
20 get time TO hnd their weapons ami
Tunch holes between the logs 80 as 10 begin
the battle over again. lie argued that
from the evidence II had been clearly
shown that JONES' knew Jackson and what
lie was wanted for; and that by bis own
admissions he was the man who Il ed the
fatal shot. IL this evidence was not strong
enough 10 convict. then better disorganize
courts OF Justice AM let every man carry
Rronud n Winchester. MeroF might be n
good thing. bot they must be mefciful to
the Innocent bg furnishing the guilty. To
turn guilty men loose on the community
would be to enoou age the commission Of
crime.
Judge Kuowles' instructions 10 the jury
we're VERY exhaustive and wers commented
on ne being eminently fair toward the ao-
cused lie told them the killing must have
been unlawful. in order 10 convict aud 10
was not unlawful, but exeusable to kill IN
ef-defense. B he jude defined the cir
cumstanc . under which Jones would have
been iustihel In the killing TO be as follows:
II he was attacked BY the deceased with the
view OF taking hie life and the killing APP
peArod necessary 10 save himself; II they
thought the deceased and others. without
disclosing their official character. attacked
Jones apparently with the intent TO injnro
him. and II Jones was ignorant Of the OH
oiAl character OF his HssailantH. and doomed
IL necessary In order 10 Irotect himself; II
they believed that Jackson aud his party
surrounded the cabin, and without dis
closing their ofieial character or demand
ing a sur ender. ordered the men inside 20
throw up their hands aud immed lately
commenced hringi or II they believed
that Jones knew Of the official
character OF jackson and that the latter
was seeking TO arrest bim, but that the
posse fred on the cabin without adofdina
an opportunity 10 surrender; and II the
jury had any reasonable doubt as 20
whether Jones acted In self defense they
should Gcquit. But II the circumstances
were such that 10 would appear TO a eRson-
able msn that the object Of tho advance on
the cabin Was for the purpose of arrssting
Jones and those with aim for a 10. mer
Grim. then In order 20 proven. the rest
Jones had no right 20 kili tue deceased. IL
the Jury found that Jones and his party
knew jackson was an officer aud had been
told they would be treated properly II ar
rested. aud Jones and the others then
opened Ere. tho killing was unlawful. IL
was the duty OF an Office undertaking 40
make IA rest for an offenae not commit
ted in his presence to make bic official char
actsr known. unless 10 ia already known. IL
he failed TO do 90 the officer placed himself
IN the position OF q trespaaaer unlawfully
seeking 20 deprive person OF bis liberty
When an officer thus ruts himself In the
position Of q mere private person, the party
he was trying TO arrest had the hight 90 de-
fend himself. An Rrreet even ~ lawful.
made IA such menaoing manner us 20
threaten death or bodily harm 90 the one TO
be ar esiel would justify that one In TAX
inc the life OF the officer. N necessary to
saws his Own. 10 warrant the conviction
% Jones he must be proved guilty go clearly
that there would DO no reasonable theory
upon which he could be innocent.
On the question o; abs name OF the dad
man, Ju iga Knowles said that must be
proved Is chsrced. IL the jury found from
TO evidence that the name OF the mau
lied vas not Hcnfv Selbert nor any name
that sounded Like H. they must acqait.
Thof must hnd how tho name was poo
nonncsd and that the pa " Killed
was soihs OF % name which
though spelled d4ho entity. vas pronounced
Substantially tho same 1hs rule was that
absolute fccuracY IN spelling names was
~ FraH IN 80 aaAa -