The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-10
LEYDEN IS CONVICTED
The Jury Returns a Verdict Of Man
slaughter.
TWAS A HARD FOUGHT CASE
Punishment VIII Be Fixed by the
Court Eloquent and Earnest
Pleas of the Attorneys
on Both Sides.
TWAS A HARD FOUGHT CAS-

Great Falls. March s-The fate of
Steve Leyden, on trial charged with the
murder of Victor Zig. is in the hands of
the jury. After seven long days. dur
ing which more than so witnesses were
examined, Judge Benton finished his
instructions to the jury at o'clock this
afternoon and they filed into their room
under the charge of Sheriff Dwyer.
Throughout the trial the case has been
skillfully and yet most fairly conducted
on both sides, and while there has been
sharp contests for position on the ad-
mission of evidence and such matters,
yet there has been no effort to confuse
the jury by legal subtleties.
County Attorney Freeman opened for
the state this morning in the closing
arguments. He said that not in one
point which the state started out to
prove haid ii failed, and that the de-
Tense had not succeeded in materially
weakening any evidence brought for
ward by the prosecution. The evidence
brought forward by the defense had
been mainly cumulative. Mr.. Freeman
then reviewed the testimony as given
and summarized Ilg's actions on the
evening Of the tragedy. He said that
it was proved beyond question that
while Zig was drunk he came in to the
saloon with neither vicious intentions
nor disposition. There was nothing in
his entire conduct which would lead the
defendant to infer that Zig had murder
in his heart. Until Zig got 1t into his
head that he was cheated he never
raised a hand against Leyden. What
right had Leyden, in law or rea son. for
assaulting another man with a deadly
weapon? None whatever. The defend
ant must have had terrible animosity
In lie IND afxnC fI.at H<Nwv O., ~sal-
ing up the cards. The defendant knew
that Zig had no weapon on his person
or he would have pulled II out before
Leyden shot. At no time in the separ-
ate encounter did Zig begin the trouble.
The defense has entered the plea of
self-defense. In order to justify the
taking of human life ii must appear
that the mans life is in danger or he Us
in danger Of great bodily harm. There
can be no question but the defendant
as a reasonable man, must have known
that the tragedy could have been avoid
ed. The defendant knew he was firing
on a man who did not have so much as
a penknife upon him. The defendant
knew in the last encounter that he was
as much a match for Zig in his condi-
tion as he was when he drove him
across the saloon, and besides he had a
room full of people to protect him.
Leyden fought to kill Zig, not to protect
himself. After a skillful analysis of the
evidence, Mr.. Freeman made a strong
plea for the conviction of the prisoner
The county attorney was followed by
w. G. Downing, who began the plea for
the defense. Mr.. Downing made an
able presentation of various points of
the defense, emphasizing the natural
tendency of witnesses to differ on i'm
material points and insisting that any
reasonable man would have considered |
h lie 20 in doa ID
as did Leyden.
Attorney Wallace made a most elo- |
quent plea in closing the case for the |
defense, and made the very most of |
every fact which could be brought up |
in the defendants favor. In the be- |
ginning he complimented County At |
torney Freeman upon the fairness and |
skill with which the case of the state !
had been handled. He said that the |
physical condition of the two men con- |
tanned the key to the whole situation. |
He brought out the fact that Leyden |
was known as a law-abiding, peaceful |
citizen, while all that was known of |
Zig was to>the contrary. Zig, in the con-
dition in which he came in, was a de- |
mon and a dangerous character. Be |
sides the question of his own personal |
safety Leyden had no wish, no desire |
to do Zig harm, and as Leyden did not |
know Zig he could judge him only by |
his conduct Most of Mr.. Wallace's time /
was spent in the examination and anly- |
sis of the testimony. At the close of |
the plea he reaffirmed his belief that as
a man he believed Steven Leyden to be
innocent of the charge of murder and
that he was not ashamed to take him
by the hand.
In closing Mr.. Freeman brought out |
the fact that even after the first shot |
Zig had no murderous intention and
that there was nothing in the testimony
to show why human life should be
taken. He finished by saying that If 1t
was decided that Leyden was justified
in taking Ilgs life, IL would show to
the world that life in Cascade county
was pretty cheap.
From the time court opened this
until the jury retired for de-
liberation the court room was packed
to overlooking and every inch of avail
able standing room was occupied. In
tense interest was manifested by the
large assemblage in the pleas of the
attorneys as well as in Judge Benton's
charge 10 the jury.
At IL o'clock tonight Judge Benton left |
the court room for his home. instructing
the sheriff to keep the jury until morning.
whether they should reach a conclusion
or not. The impression obtains that IL is
a hung jury and that the result will be
a disagreement