The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-06
IN SECOND DEGREE
David Mansfield Listens TO the Read
ing Of the Verdict With Pleasure.
He HAD FEARED THE WORST
The Punishment VIII Be Fixed by
the Court-Ihe Penalty Is
From 10 Years to Life
Trial of the Case.

tryinC he case during the past three
days IN Judge Speer's court The pun
isbment was left TO the court, and
Mansfield is probably the happiest man
in town.
When the trial was concluded, yes
terday afternoon, he expressed fear
for the worst; he recognized the awful
weakness of his defense and he made
the statement that he would he salts
fed with any kind OF a verdict less
then FIRST degree. The jury was out
from o'clock in the evening until 1880
this morning, when they announced
that they had reached a verdict. but II
was nearly on hour later by the time
the judge and Attorney Brooks, repre-
senting the defendant. and l.. 5. Booth
for the state. We're notified and reached
the court room. Mansfield was
BROUGHT ont Of Jail and as the jurors
filed past him he eyed each one search
ingly. but evidently gained little salts
faction from their averted faces. When
the verdict was handed up TO the court
by Foreman Johnson, the prisoner be-
san 10 Get nervous and his eyes wan
dcrcd from the faces of the jurors to
the clock on the wall and then t. Clerk
Prickett, who was recording the YER
dict
When the clerk read: I'VE, the jury
in the above entitled case. find the de-
fenGant guilty of murder i'm The second
AtElGe anu ltdht Ills punishment " NC
fixed by the court" the look on Mans
fields face relaxed into a pleased OK
preston. on request of Mr.. Brooks the
jury was pOlled and afterwards dis
charged. The court appointed Satur-
day morning as the time for passing
ser ence ami the prisoner Wa returned
to Jail. The jury in the case was COM
posed Of Joseph Shackleton. Ephraim
Beer. John Mcdonald, William Curtis,
John Wilton, William Cole, William
Bergman. c. +. G. Pingle, r. A. Goab-
81. Thomas Boyce, Miles Ferrick, VIII
lam II. Johnson.
They took ave ballots during the time
hey were out. On the first three were
for murder in the first degree, five for
second degree. one for. manslaughter.
and three for acquittal. on the second.
three were for first degree. six for sec
ond degree. two for nlanslaughter, and
one for acquittal on the third ono was
for first degree. nine for second degree,
and two fer aCquittal.
on the fourth 10 were for second de
gree and two for acquittal. and on the
fifth and final ballot all voted for muir
| der in The second degree.
! The penalty for murder in the sec
ond degree is from 10 years 10 life.
When the trial was resumed yeStcr-
day morning Joseph Palmer testified
/ that he was at work in the kitchen OF
/ the Butte hotel when he heard some
/ trouble in the pantry. Lynch cried and
I ran out holding his hand over the
! wound in his side, and climbed out a
/ back window. Palmer went into the
/ pantry and saw Mansfield with a knife
/ I'm his hand and asked him what he had
/ done, but Mansfield made no reply and
! went down stairs.
! At the conclusion Of Palmer's testi-
mony MIR. Wines announced that tbs
/ state closed its case and the defense
! WAS begun.
Miles CavauaUGh. in making his
/ statement for the defense. said he cX-
! pected 10 prove conclusiyely that
/ the act Of Mansfield was clcaI
! one OF self defense. on the morning OF
/ oct. - the defendant was engaged in
. scrubbiuE a floor below the kitchen
/ and while he was out after some wa
/ ter young Lynch went down and took
] Mansdel1's sapOliO. When he missed II
he went up and took il away from him
I after using some cross words y ShorI
| time afterwards il became necessary
/ Tor Mansfield to 60 up stairs again an,
. as he did SO Lynch splashed some Cir
! ~ water in his face. lie remonstrat 0-
with the boy and the 10 tier struck hiu
/ with sloppy broom. They then cam
: together and a saJiHe followed AND
nfpnsdcl did not draw bis knife unit
a'tor Lynch attempted Il strike hin
/ with bottle. Mr. Cayanaugh promised
I to prDvp the uttCr faiSity OF the state
mcut that Mansfield had the knife n
his hand WHOM he came up stairs.
Frank Miller, an CmplOye o. tn
Butte hotel on the day OF the stabbin'
afrray, was the first witness for the Dc
Tense but all he testified was in regar'
TO the diagram Of the hotel kitchen an,
the position of the various objects II
the room. W. u. Rumsey, a surveyo
who made the dia gram. testified to tina
g.. he I'll ..ff rod IN al
1 doucn.
David Mansfield. the defendant
small man. with face and body awry
as IL he had at some time been nike,
up i'm "A wreck or explosion, was mex
called to the witness stand. He tcsti
fed that he was - years old, was Dor
/ I'm England and ga mt 20 the Unite
states in 1851 ard To Py'to on Marc
! 20. 1875. He went - work 1T the Butt
! | hotel as general help. on sept. 15 Fu
four weeks he occupied the same he
, with Lynch. lie said he weighed. whc
arrested. 10 pounds but was now r.
! duced 90 1o1 pounds. Lynch. he sal.
was a young man about p years Il.
FIVE f,nt eight inches tail and weigh
1sp or li1 pounds. Mansfield said d
had been siCkly for fV- or six year
and had been in hospitals often fTCl
fV. 10 six months at time. He Ia
been crippled since ne was sax or seVe
years ola. one day he was playing
- Q u.r. .-il1.'g with ar older hrp-h.
% and sister and they carried him Ur
\ I ;na building and 1T him fan down
4 1 IL was unable 20 work for about tv
r. Years an. his parents did uef knY
- F.- . r.ar nr more what had hlpp
/ / ca 4. him as The other children sal
. nothing about IT, TIL witness gave b.
ycrelJu of the trouble with Lynch
Z cut,..al uy AZ. C-yauavgh. abo'
Lynch stealing his ssvClig and ate
10 wards throwing dirty water In p
I | face They HAD some words end LynC
. Kicked up . bottle 10 strike him. Nan
z rnrG rr-bbsL his hand and held IL L
( ana Lynch struck him several Tin.
s. aLla l.s lai- hand Man si3 '.'t mn
l. SELF .-a-iu. weak ,--l .. bod O.
some. h--- g. protect H.Is-lt and
took .-s I1f-. from h.~ q pool. ar
. a.. mir. o.. RAJ 81. -... II llrtlr