The Helena independent., 1894-12-20
MANSLAUGHTER NOW
Charles Jones Cots on With a Much Lighter
Verdict Than He Did on His
First Trial,
Its NOT so BAD THIS TINE"


"Well. TIA not az bad this time"
Such was the remark OF Charles
Jones the train robbcr. once convicted
~ murder In the nrst degree. as the
verdict OF the jury on his second trial
was read In the United States court at
midnight last night The Jury went
out at 5.30, ana with an inter
val for dinner struggled over their ycr-
diet until shortly after II o'clock last
night After they had agreed II took
some time 10 hunt up the lawyers and
get the prisoner down 10 The court house
from the Jail So the clock was on the
stroke Of midnight when Clerk Sprouie
read the verdict.
"We the jury find the defendant
guilty Of manslaughter."
Jones Was extremely nervous while
the preliminaries Of calling the roll OF
Jurors was being gone through with
When the verdict was announced IA,
brightcned up and seemed To be con.
graduating himself on his escape from
n verdict FOR the more serious crime oi
murder. lie Will be sentenced later on
The penalty is from two % ten years
imprisonment.
The arguments occupied from II
O'Clock In the morning until in thG
afternoon, emitting the two hours nj
the noon recess. Assistant District AT.
torney Shelton opened for the prosecu-
tion. He was followed by John r.
Barrows for the defense. h. G.. Russell
closed for the defense, and District At
torney Leslie for the government
Judge Knowles instructions TO the jury
were regarded as very fair TOWARD
Jones. He said II II appeared I,
Jones and his companions that the!
were attacked unlawfuly by the posse
they were warranted in fighting ant
the killing OF Schubert was justiiiable
The judge said IL was proper for officer
10 go on an Indian reservation, Will
the consent Of the agent, In pursuit %
criminals fleeing from justice after com
mittlng a crime against state laws
Deputy Marshal Jackson In this cas-
must be regarded as an officer. but !
WAS necessary that he should make hi
official character known TO the mefsh
meant To arrest. III an officer attacke'
a person without making his authorit
known. and without being known I
that person, the latter was Justine
In resisting. but II due notice was give
command OF Hands up" was not suiilC
tent notice unless the parties knew IN
man giving the order was an officer
II the occupants Of the cabin were sur
rounded and ordered 90 hold up thei
hands. and were fired on without belni
given an opportunity TO surrender, the!
had right 20 defend themselves. Bu
even II jackson aid not make his oilicia
character known. yet. " he ordered tn
firing 10 cease and the men In the cabiI
had no reasonable ground 10 apprehen'
danger and then shot and killed Schu
bert, the killing was not Justinable,
In reference To the testimony O
Jimmy Moots the judge said the mem
bers OF the jury were not 10 rely ON tn
uncorroborated evidence of an accom-
lplice. While Il was not safe To cOuYic
on the uncorroborated testimony OF al
accOmplice, yet that testimony wOul,
not have To be corrobornted In ever!
point. Judge Knowles gave the jury
choice of three enthusiastically OF mur
der in the first degree, OF OF mhnslAug
ter, or not guilty. IL was the omission
OF a choice as regards manslaughter II
the charge ut the former trial that Sc
cured the new trial for Jones.
When the jury retired an informa
ballot was taken, resulting six Tor mur
der In the first degree and six for no
guilty, The first formal ballot wa
murder two, manslaughter hve. no
guilty five. The second and third bal
lots stood: Murder two. manslaughte
seven, not guilty three. ON the fourt
only one was for murder. ten for man
slaughter and one for acquttthl. ON tn
! 1fth ballot all were for manslnughtei
The man for killing whom Jones wa
convicted was Henry Schubert, one o
the posse which attempted TO arres
the train robbers on the Blackfoot res
eryation oct. Q. 1888 lie was Killed u
the gcnral fight that took place.