The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-01-11

four men IN there who bad every reason
TO believe that an unlawful attack was be-
ing made on them, and that the firing on
the outside was kept up after the men had
agreed to give up. 1t warranted them in
believing that no mercy would be shown
them IL they came out, and this justified
them in resisting. The attack on the
cabin WAS one of the most cowardly things
on record, and the men inside had no rea-
son to expect mercy from people who kept
on firing after il had ocen agreed TO sur
render. Referring 10 Jackson's status in
the matter, Mr.. Barrows claimed that the
Northern Pacific railroad had no right to
deputize man to go out and kill people,
no matter what the charge against them
might be. Moots. the jury should remem-
Der. stood charged with the same ofense
as Jones, and they would weigh his testi-
mony accordingly. There was another
matter to which some attention should be
paid, The district attorney had brought
out the fact that Schubert stood with his
right side toward tho cabin. The ball
struck Schubert in tho right side. Jack
son had testified that Schubert stood with
his gun up and looking toward the cabin.
Mr.. Barrows demonstrated that n man
facing the cabin with his rifle raised would
present bis left side 10 the cabin and not
right. Ii was possible and probable that
n chance shot from one Of the posse may
have caused Schubert's death.
T.. C. Russell also argued for tho de-
fense. He dwclt on the fact that the men
in the cabin had been taken by surprise.
IL they had seen the party advancing on
them and had been prepared TO resist ar
rest. they could have shot some OF the
posse before they reached the cabin.
Moo,s' testimony showed that there WAS
no shot from the cabin, aud that the firing
began on the outside. Mr.. Russell claimed
that the whole attack was a cowarlly one.
jackson had seen the men at Blackfooi
several days before and had not arrested
| them. Then he had tried to get the In
dians to 60 up and arrest the men; and
again he gave the posse orders To fire on
tho party in the cabin and
ran up with his gun To his
shoulder. Jackson had not shown
himself hero in tho matter. There was
some divergence in tho matter of testi-
mony as 10 where Jackson stood during
the shooting. jackson SAID IL was eight
feet from the cabin; Little Dog said IL was
40 feet, and that he and jackson then
broke for the brush; Dick Head said Jack
son was in the brush IS feet away; DICK
hipp said jackson was 80 steps from tho
cabin. There was also some difference in
the testimony as 10 the time when Schu-
bert was shot. Some made II 10 in the
morning. jackson made 1t noon. so as to
escape the adverse criticism directed at
him for leaving Schuber, lying there
wounded from 10 in the morning until
nearly dark without going near him.
District Attorney Weed, in his closing
argument, referred fully to the question
as 10 the name of the man killed. He
said that II the difference was such that
tho present indictment could not be
pleaded In bar against another for killing
Schubert. then II would amount TO some.
thing. Mr.. Weed then defended the rep
utation of Deputy Marshall jackson, who,
he said, mad n reputation for bravery as
firmly established as that of y. Bied.er.
He ridiculed the idea of one man trying
to arrest four such people unaided, as IL
was claimed jackson should have done al
Blackfoot. The only way TO capture such
desperate men without useless shedding
of blood was 10 surprise them, ms was at.
tempted. Tho men in the cabin, he
claimed. had no intention of surrenderinc
when they said they would. IL was a
ruse TO get time To find their
weapons and punch holes between the
logs so as to begin the battle over again.
He argued that from the evidence II had
been clearly shown that Jones knew Jack.
son and what be was wanted for: and that
by his own admissions he was tho man
who fired the fatal shot. II this evidence
was not strong enough to convict, then
better disorganize courts of justice and
let every man carry around n Winchester
Mercy might be a good thing, but the,
must be mcrciful to the innocent by pun
ishing the guilty. To turn guilty loose OF
the community would be TO encourage thu
commission of crime.
Judge Knowles instructions TO the jur,
were very fair to tho defendant. He tolt
the jury that If the men IN the cabir
thought the people attacking them mean
To kill them, aud they did not know of ,h'
official character of the posse; and IL the,
knew Jackson's authority and what b,
wanted, out were given no opportunity u
surrender, but were fired upon instead
they had right to defend themselves. |
they knew of Jackson's official authorit,
and were in no danger, they had no rIgh
to resist, and tho killing WAS un
lawful. On the question Of dii
ference in names the judge sait
that IL the name OF tn,
man killed was not Seibert or anything
like it they must acquit, but should sa!
in their verdict that IL was for this reason
. The jury retired at B rs p. m.
The jury came into court at 10 o'clocl
tonight with n verdict of guilty Of mur
der as charged. Jones seemed stunne,
: by the verdict but soon recovered his nc
customed cheeriulness. A motion vii
doubtless be made for new trial. Tn
prisoner was remanded for sentence.