davidaulloa/AmericanStories huggingface dataset:
Great Falls weekly tribune., 1896-03-13
O'BRIEN HAS ANOTHER CHANCE.

The Supreme Court Reverses the .Judr
@a' ment of Conviction of Manslnugh-
gN ter-Orders New Trial.
Leslie Il Downing, attorneys for Ed
ward j. O'Brien, who was convicted al
the. October term of the district court OF
manslaughter and was sentenced tc
imprisonment in the 'penitentiary for II
years, Tuesday received notice that the
supreme court had reversed the judg.
ment Of the lower court, remanding the
case, with instructions to the lower
court to grant a new trial.
The defendant was charged, in an in
formation filed by County Attorney
Freeman, with murder in the first de
gree, in that he, on the 18th day of
August, 1895, shot and killed Frank
Bixby, at O'Brien's cabin, about II
miles south of Great Falls The defesne
was self defense.
In the district court, County Attorney
Freeman and T. E. Brady prosecuted
and Leslie e. Downing defended.
The jury returned verdict of man
slaughter and Judge Benton sentenced
O'Brien to 10 years Imprisonment.
An appeal was taken, Leslie g. Down
ing appearing in the supreme court for
O'Brien and Henri j. HASKELL attorney
general, for the state. The case was
argued March q There were many i'm
portant and close points of law involved
and the decision is a decided victory for
Leslie e. Downing.
When O'Brien is again placed on trial,
Leslie Downing will contend that the
conviction of manslaughter was an ac.
quittal of murder in the first degree and
OF murder in the second degree; and
that, consequently. the defendant can.
not again be tried for any higher crime
than mansaughter.
They base their contention upon the
fifth amendment to the constitution of the
| nlted States, which provides that no per-
son shal! "be subject for the same Of
tense to be twice put in jeopardy of
life or limb; and upon section IS, of
article II. of the constitution of the
state OF Montana. which reads: "No per
son shall be compelled to testify against
himself in criminal proceeding, nor
shall any, person be twice put in jeop-
ardy for the same offense."
Section 2,l9l of the penal code of
Montana reads: 'Ihe granting of a new
trial places the parties in the same posi-
tlon as if no trial had been had. 4 X II
The former verdict cannot y = Is be
pleaded in bar of any conviction which
might have been had under the indict-
ment or information
The supreme court of Montana has
never decided whether or not the statute
above quoted is constitutional
The question depends upon the defini-
ton OF jeopardy, and the attorneys for
O'Brien will contend that, in an appealed
murder case from st. Louis, and in other
cases, the supreme court of the United
States held that defendant who had
been charged with murder and con-
victed of manslaughter could not, on a
new trial, be convicted of any crime
higher than manslaughter.
Great Falls weekly tribune., 1896-03-13
WORK MAPPED OUT.
The immigration Movement VIII BE
Soon Under Way.

Special to The Tribune.
HELENA, March 11.-There was a
large attendance at the session of the
Montana Immigration and Mining con-
vention today, and the proceedings were
OF interest Papers were read by Jerry
Collins on "The Climatology of Mon
tana; T. E. Collins, "Montana Iron;"
Moses Folsom, "Tmmigration and How
to ADVERTISER" E. V. Smalley, "Grazing
Lands of Montana;" Charles S. Fee,
''Railroads and Immigration" S. r..
Moore of the Northern Pacific submitted
some interesting statistics, showing the
millions of dollars sent out of the state
to purchase what should be raised here.
Colonel Sanders created breeze by in
Producing resolution fayorng the uold
standard. 1t was vehemently asgaied,
and, as result, free coinage was over
Whelmingly indorsed. A resolution was
introduced and adopted to the effect
that no more laborers Of any class should
be encouraged to come to Montana, at
present, as they would come anyway
when there was need or demand for
them. 1t was decided to leave the car
Great Falls weekly tribune., 1896-03-13

Judge Benton Sets Several Civil Cases
For Trial.
AT 5 p. m. Wednesday Judge Benton
partially called the civil calendar of the
district court and set cases for trial un-
til a week from next Saturday.
Next Saturday, the Judge announced,
ne would hear arguments upon and dis
pose OF all motions pending in civil
actions.
The following shows the dates set, the
register numbers, titles. and nature of
the actions:
Saturday, March 14-No. 1884, Robert
Prim vs. Joseph Horn; appeal, suit on
account.
March 16-No. 1,749, Driver. Bradley
Drug Co. vs. p. B. Gallagher, appeal,
suit on account; No. 2,247, Siegel Cloth
ing Co. vs.. Peter Harrison, to enforce
judgment for S99547.
March 17-No. 2,19O, Wood, Curties e.
20. vs. Strain Bros, account, S1O5; No.
1886, John IT, Carlson vs. James Early.
damages, 50 ego, personal injuries.
March lS-Christina Stevenson VS.. w.
4. Dwyer, damages, $1,5OO; No. 226O,W.
D. Howard vs.. Jack McGinneee, appeal;
No. 1851, John Tomko vs. Mike Doras
ct al, appeal.
March l9-No. 1858, Bateman e.
Switzer vs. A. Siree, account, SlOG; No.
2,307, F. Lewis vs. j. A. Robbins ct al,
appeal.
March 2o-No. 2.162, f. G. Heldt VS..
H. M. Calkipe, note, S2,50O; No. 2,344, r.
W. Lamb VS.. Matt Pies a. Son, appeal.
March 21--No. 2346 Driver BRADLEY
Drug Company vs.. w. S. Frary, appeal:
No. 2,1lS, A. j. Gallentiue vs, J. II. Lee,
executor, to recover $3.50.
Great Falls weekly tribune., 1896-03-13

WICHITA, Kan. March 10-The re-.
publican state convention was called to
order by Cyrus Leland, chairman of the
state central committee, and ex-Chief
Justice Albert Horton was elected tenn.
porary chairman by acclamation. He
made brief speech in accepting the
homer. The usual committees were ap-
pointed and adjournment taken till after
noon. Before adjournment Cyrus Le-
land offered a telegram of greeting to
the Ohio republican convention in ses-
sion at Columbus, and it was adopted.
Mckinley delegates we're chosen for St.
Louis.
Great Falls weekly tribune., 1896-03-13
Kitchen RenOvatOr.

Feather beds and pillows washed and
cured with steam: taken just as they
are on the beds in the morning and re-
turned to the customer at 5 p. m. the
same day. The feathers are then bone
dry and ready for immediate use. Each
bed Or pillow renovated separately if the
customer so desires. Shop open daily
from l to 4:3O p. m. We supply new
ticks and will make any other change to
suit the customer. John Wolmering,
proprietor. Moved to International ho-
tel, Third avenue south and Fifth street.
Great Falls weekly tribune., 1896-03-13
Wisconsin Justice,

EAU CLAIRE, Wis, March 1O.-Judge
Fish of Racine today sentenced ex- City
Treasurer Charles H. Green to the states
prison for three years and nine months
at hard labor. He pleaded guilty to en-
bezzlement Of $4,000 while he was in
office His total shortage is said to be
$4,000, for which his bondsmen are
being sued
Great Falls weekly tribune., 1896-03-13
YBLLS AND MUSIC
Headed by Foraker the State Con-
ventiOn Declares for the Fa-
vOrite Son.
OHIO REPUBLICANS ENTHUSE
The Mckinley Boom Is Now Launched
and Ready for Aggressive
Service.

COLUMBUS, O., March lO.-The Grand
opera house could not hold half the peo.
pie wanting admission this afternoon to
the republican state convention. Bands
entertained the crowds in front of the
building until the convention was called
to order at 4 p M, and that was all that
many of the visitors saw or heard of
what is called the Mckinley convention.
The first demonstration was when
Chairman Ickes escorted Senator-elect
Foraker to the presiding officers chair,
and from that time on one demonstra-
tion followed another on the mention of
Mckinleys name or references to him.
After prayer by Rev. J. c. Watt Chair
man Ickes reviewed the Mckinley cam
paign in Ohio and the two campaigns
succeeding his administration, and
stated that at the state convention in
GAINESVILLE last year the party entered
into pledge as sacred as the trinity
That pledge marked an important epoch
in the history of Ohio republcanism. 1t
promised to make Bushnell governor,
Foraker senator and to use every hon
orable means to make Mckinley presi-
dent. Two parts of the trinity had been
fulfilled and the republicans of Ohio are
now assembled to enter sincerely into
the faithful execution of the third part,
the unanimous and unqualified support
of Mckinley for the presidential nomina-
tion. These remarks caused such a
demonstration that it was some time be-
fore Iclles could introduce Senator elect
Foraker as temporary chairman Of the
convention. When Foraker was intro
duced there was another boisterous
scene, which was proceeded often as he
proceeded. His speech was an eloquent
eulogy on Mckinley.
While the keynote speech was shorter
than usual it took half an hour to de-
liverit because of the interruptions from
applause and demonstrations on refer
ences to Mckinley, When Senator elect
Foraker closed by saying that he wanted
to make his speech short enough for all
to read it and for all to understand there
was as much laughter as applause. Tel
egrams of greeting were then read from
several conventions and answers sent.
Committees were appointed and the con-
vention adjourned till tomorrow.
Great Falls weekly tribune., 1896-03-13
STILL IN EVIDENCE.

James j. Hills stop in New York Wor-
rics northern Pacific Men.
New York, March 1O.-Preeident j, j.
Hill of the Great Northern railway is in
the city. and the old story has been re-
vived that he is trying to get control of
the Northern Pacific. A director of the
Northern Pacific road said last night
that if the Great Northern desired pos
session of the Northern Pacific it must
buy it. The Northern Pacific is to be
reorganized as an independent property.
1t will naturally seek to reach an agree
ment with the Great Northern on the
division of territory and on rates, but
there will be no alliance.
Great Falls weekly tribune., 1896-03-13
THE UlM H0EISE.

The Ulm house has cut its rates so as
to be within the reach Of everybody.
Regular meals are % cents; transient
rates from 81 to 5l.JO per day: special
rates to ametsr and workinemen eener-
ally. The Ulm runs free bus to and
from all trains, and has bathrooms free
for the patrons OF the house. Popular
prices The best service. First avenue
south, Great Falls, Mont. Gallagher e.
Gockstetter, Proprietors.
Great Falls weekly tribune., 1896-03-13

remarkable incident was enacted tho
other day un the Paris pont dos Arts. A
well dressed man who displayed no emo
tion stopped II passerby and handed him "a
bundle of bank notes, remarking: Il give
you this money aS II free gift. Use it as
you like. ! can only hopo that your lifo
will be moro happy than mine" Before
tho rocipionb could RECOVER from his sur
prise tho man had thrown himself into tho
Seine and WAS drowned. They do strange
things in Paris.
Great Falls weekly tribune., 1896-03-13
CROWDlNG THE MOURNERS.
Additional Suits Are Filed Against the
Boston and Montana.

Additional Suits Are Filed Against the
Boston and Montana.
BUTTE, March 1O-Another suit was
brought in the district court today
against the Butte and Boston Mining
company for s372,Sl6. The suit, like the
one of 100000 brought few days ago,
represents floating indebtedness and is
brought in the name of E. G. Perkins,
the company's Boston attorney Per-
kins is assignee for Lewiston Bros. the
Boston and Montana Mining company,
the Globe National bank of Boston, and
A. S. Bigelow. L. c. Trent & Co. also
brought suit today for s3,3l3. The
property of the company is not sufficient
to cover the three attachments.
Great Falls weekly tribune., 1896-03-13
being sue

ALLEHTowN. Pa, March lO--Fidel
Tritchler, aged 81 yeara, a prominent
banker and member of the select coun-
ell Of this city, murdered hia wife this
and then fired two bullets into
hia own brain, dying aoon afterwards. 1t
ia thought he was insane.
Great Falls weekly tribune., 1896-03-13
Snow Works Hardship,

HAzLEToN, Pa, March 12.-The snow
storm which broke over this region yes.
terday is still raging. Snow has drifted
to a great depth in places, blocking
country roads. Trains on all railroads
arc behind time. None of the mines are
working and 10000 men are idle in con-
Seullenna
Great Falls weekly tribune., 1896-03-13

rying out of the objects of the conven-
tion in the hands of an executive COM
mittee of one from each county, to be
appointed, after which the convention
adjourned. The gathering is declared
TO be a great success in all respects.
Great Falls weekly tribune., 1896-03-13
Dead as a Mackerel.

WASHINGTON, March 1.-THE house
agricultural committee by vote of nine
to six decided to table the Hatch anti.
option bill. This practically kills the
bill.
Great Falls weekly tribune., 1896-03-13
Defeat for Hatch.

WASHINGTON, March 1O-The sub
committee Of the house on agriculture
today decided to recommend to the full
committee that the enti-option bill be
reported adversely. The full committee
will pass upon il tomorrow.
Great Falls weekly tribune., 1896-03-13
HoOsiers Also Speak,

koKoMo, Ind, March 1O.-The Elev-
enth district republican convention, the
first to meet in the state, today renomi-
mated Congressman George w. Steele
and endorsed Mckinley for president.
Great Falls weekly tribune., 1896-03-13
A Natural Beautifier,

Karl's Clover Root Tea purifes the
blood and gives clear and beautiful
complexion. Sold by the Driver Bradley
Drug company.
Great Falls weekly tribune., 1896-03-13

and Liver complaint you have printed
guarantee on every bottle of Shiloh's
Vitalizer, 1t never fails to cure. Sold
by the Driver Bradley Drug company.
Great Falls weekly tribune., 1896-03-13
ROAD SUPERVISORS,

County Commissioners Appoint Road
Supervisors for the Ensuing Year.
The county commissioners adjourned
Tuesday afternoon, after an eight days
monthly session, until Wednesday, April
l, 1896.
Before adjourning, the commissioners
ordered that no road supervisor should
expend more than 500 upon the roads
OF his district during the present quar-
ter ending June l.
The following road supervisors were
appointed
Great Falls weekly tribune., 1896-03-13

Property in Belt has advanced from
100 to 200 per cent in the last year, and
especially that handled by j. Is. Gieske.
Great Falls weekly tribune., 1896-03-13

The former supervisors were reap
pointed, except in districts 3, 4, - and
IA and the three new districts, II, is
and IS.
No action was taken in regard to the
apportionment of the road fund.
Great Falls weekly tribune., 1896-03-13

Munsey's Magazine for January, S
cents at Porter Bros
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-06-05
THE COURTS.
Water Suit Removed from Davis County
suit On a promlssory Note.

In Judge Riichi,'s court today con.
sent was given to try the case OF John
Smith w the North Canyon Water
company instead Of tying II In Davis
county.
The suit 10 brought to have q decree
Of the court ndjudging that the ap-
propriatiop OF the waters Of North
Canyon creek, eiluai,d In Davis
county. Utah, made and now owned
by plaintiff, IL prior In point Of time to
appropriations claimed by deiendan
10 have defendant Temporarily ~.
strained from divtrling from plalniin
any part Of the waters OF said creek
except such portion thereof rs may
10 over ana aiove the amount belong.
log 10 plaintiff, iO.wiii sufficient 10
properly ifrigaie anu render productive
ten acfee OF land, anu that upon final
hearing such temporary restraining
order DO made perpetual; Tor such other
orier rs may be meet Ia the pr0mi,es
and for costs oil suit.
Annie NJ. Huzsldine. adminiitratrix,
was substituted as plainii1 In the suit
OF Thomas HREeldino against John IL.
Howard and others.
Tho cate NJ Orson Lancaster agai INST
GeorgianA Olson as referred TO h. l..
Barker.
In the suit OF o. II. R9hrer against
Jeremiah sohneck, on defendants
motion aud by consent Of the plaintiff.
leave was given the National Bank u
the Republic TO file n complaint Ia In.
isrvention, mating A. II. Rohrer q
party defendant. The plaintiff wss
restrained from proceeding further, tho
injunction bOad In the sum OF $500 10
DO approved by the clerk. A. Is. Saw
yer was appointed receiver 81 tho tuu
o. S8.TOS.75 paid over 10 him by tho
defendant 5ohneck, and A. y. Rlhrer
end to pay tue sum OF 81, 9j7 % thereof
10 q. &. Dey.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-06-05
IDAHO ITEMS.
New Gold Comp any Excessive Tr..s
-ihe School Prospects.

RAYMoND, Fremont County,
81. Victor T.. o., Idaho.
May rs, 1890.
To tho Editor
The weather from May End to the
27,h was very stormy and cold, but
for all the bad weather, the prospect
for all kinds OF grain IL fair.
Today 10 the .slh and It IA warm.
Tao sun las good effect on the
oolu, damp earth. tho hay crop bids
fair 10 bo good, and the health OF the
people 10 very good considering the
many changes OF the weather; tho in.
dications for better times are favorable.
We are locking for Captain w. T..
Harris, with his assistant, w. Ii. Par.
sons, OF tho Dun Gold Mining conn
pany Of New YorE, 10 arrive here on
the sth Of June. This company will
mine for Hour gold on tho
head watnrs OF the Snake
river, In Jackson's valley, Wyoming.
The company VIII employ about slxly
men aud thirty teams fcr building
mining bitches. We may look for
some ueeful developments in the pro.
cess OF gathering the glitterlng, alp
pery flour gold.
Another move 10 being made by the
people Of Fremont county against tho
excessive taxes. The Taxpayers Non.
partisan union OF Rexburg was or
ganizei q short time ago, and No look
Tor some movement against the oxces-
slve taxes now imposed ON the people
Of Fremont county.
Our school districts are slowly but
surely going behind. II lisa hard mat
Tor ior trustees TO run schools with no
funds 10 do II with; hence they get
disct uragtd and do rot care 10 act in
that iiice-A position OF trust with no
pay.
We homo soon 10 hear Of some of the
big nalarled tiiless being cut down,
anu thv money applied 10 tho public
bonoit instead OF private use.
Ne Plus ULTRA.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-06-05
Decoration Day Ceremonies.
CASNosviLLE, Utah.
May 81, 1895.


May 81, 1895.
To the Editor
In accordance with a previously NJ.
ranged program Decoration Day was
duly obaerved by the people OF Can.
nonvilIe under tho auspices OF Com.
pany L., Fine, Infantry, N. @. u, 10
connection with the citizens OF Can.
nonville and nelghborlng settlements.
Al the hour Of . .. m. the people
assembled At tho meeting house on the
tolling Of the bell. Company l., under
command Of Lieutenant johnson,
marched from the residence OF Colonsl
Dunning to tho meeting house, pre-.
eeJed by elk little boys. "color guard, ="
and ak little girls, "hospital cotpe,"
selected ~ care Tor beautiful dag pre-.
scented 10 tue Cannonvills dlstrlct
school by Colonel Il. w. Tatlock. Ar.
irving NJ tho meeting house, which
WIS well filled by tho people OF Can.
nonvillo aud adjoining towns, tho boys
In blue stacked arms aud filel into the
house, anu occupied seats reserved for
them ON the stage.
Under direction OF the master Of
eeremonleo, Color Sergeant John III.
DAvis, the Dugler Willie Talbot sound.
ed "Attcntionp and the audience
came To order. Alter singing, prayer
was offered by X. q. Pinney. bishop
Stth johnson Of Georgetown delivered
the Grafton, which was indeed patriotic
and well received. Tho other speakers
were II. q. Pinney, VIM. J. Powell
aud Lieutenant johnson. Colonel
John NJ. Dunning, In a brief and neat
speech, presented the dag to the school.
Speeches u reception we're made by
VIM. }. Henderson Jf. and John Il.
Willis, alter which unanimous vote
Of thanks wae rendered Colonel Tat.
lock. At the close OF the meeting the
bugle sounded "lAps," hud alter sling.
ing and the benedietlon the people
were dismissed.
In compliance with general orders
No. 3, headquarters n, q. u, Salt
Lake CITY, Utah, May 18th, 1896, COM
pany l. was publicly paraded aud Ia.
rptcied by Colonel Dunning. The
day was pleasant anu everything
passed on nicely. The boys Of com.
pany l. voted 10 hold weekly drills
IRON now Till they take no the line OF
march for Salt Lake CITY In July 10
participate In the great Midsummer
Carnival.
NATIONAL GUARDsMAN.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-06-05
DAILY WEATHER yANE.
Observations Taken nj Utah. Idaho,
hentaBs, Oregon and Nevada
stations.
Weather reports showing observa
tions 1T s AM. today:

Weather reports showing observa.
lions At s Am. today:
Salt Lake Ciiy-Barometer, 29.74;
temperature. SO; minimum, 80; wind
eouth, light; cloudy.
Cheyenne-BAromo 20.s4; TEN.
peraturr, o.; minimum, a; wind,
southwest. o miles Per hour; cloudy.
Helenn--Barometer, 1854; tempefA.
ture, 40j minimum, A; wind soulhwo1t,
likhg cloudy.
Miles City-Baromeier, 2s.s6; tenn.
peIniure, $50, minimum, a.; wind,
calm; rain In last - hours, 10; clear.
Winnemucca - Barometer, 1880;
tsinpefkture, DO; minimum. 90; wind,
west, light IL miles Per hour; rain
ing.
Idaho Falls BAROMETER, $3.50; TEN.
pefature, 40; minimum, a.; wind,
northwest, light, cloudy.
General aud local forecast iof 30
houre ending Is y. m. June 0; Fol
U N.oiuudy aud probably occasional
shC, era tonight; Saturday, partly
cloudy; cooler.
Salt Lake City and vicinity. Fair
weather, warmer.
Todsy's temperature IL shown In the
fac sirlils thermomoter given below.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-06-05

Judge Powers's argument last even.
ing for tue defense went 10 show
that tho defendant was justified
in the killing OF the destroyer OF his
home and happiness. Mr.. POweTe elto
paid his respects to John NJ. Zane
when he enid; at / hsd been County
Attorney WniltemOfe | would have
conducted the prosecution myself and
/ would have made the closing argu.
ment Ia the case 10 prevent tue ieprous
tnRlillment which will be poured out
upon tho devoted heAds OF tho Jury
by the distinguished gentleman who
will follow mo-"
81 have been Informed" Judge Pow
ere further said, "that the gentleman
(Mr. Zane) ateiTed TO follow me In order
that he mAy make some remarks about
me ne well as shout my olient.p
"who told you thar" Mt. Zane de.
mAndeJ.
"rho prosecuting attorney" Judge
Powers answered.
"Did you tell Judge Powers aby
tuch thing at thal7n Mf. Zane In.
quired u Whillomofc.
"Noi as to the remarks about him."
replied Mt. whiltemors.
IL thought ~, and you lie," Mfr.
n lne declared, addressing himself TO
Judge Powers and leaning over the
table aud shaking his finger In the
face OF cou O sci for defendant.
III didn't mean that Mr.. Whitiemofe
said that you wanted TO make remarks
about me,D Judge Powers ex plniueJ.
Judge Hiles had caught Mr.. I,nu't
remark, but before he could say any.
thing, Mr. Zane hpologizsd.
"Well, | would like O. know " chat
10 tbs kind OF language you intend US.
ing In this ceuu?0 Judge Hiies quef.
ioj, despite the apology.
Mr.. Zana FASTENED 10 assure Judge
Hiies that II was not his intention 10
70 speak and that ths w0Tus hal Ca
cared him without thought.
When Judge Powers concluded his
ar. ument the court took n recess III 8
O'Clock, when Attorney John M. Ztuo
made the clCeing argument Tor the
State. Mr.. Zane's opening remarks
were directed TO Judge Powers, whom
he said had used one.thifd OF bic al.
dress In commendable eloquenor, au-
ether third IN m attack upon the prose-
cution aud tho remaining thru was
devoted 10 the abuse OF the Dinwoodey
family.
Mr.. Zane directed great deal OF ut.
tention TO tho characters of Nit. aud
ME-. Hynda 10 show that they we're
not entitled 10 the consideration cue
ordinary people, and that tho facts he
brought out were sufficient to destroy
the theory Of Qualification. Cotnsei'r
argument alsO included an exposition
OF facts which tended TO chow that
Mrs. Hynds was responsible for the
downfall OF Walter Dlnwoodey; that II
was through his constant anu persist.
ent haunting by the woman that
tho unfortunate young man went
TO her house on the Saturday evening
prior to the fatal day.
At the conclusion OF Mr.. ZAno's argu.
ment court adjourned tlll $3.50 this
morning.