The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1896-11-13
TRIAL ENDED
THE OLD MAN FOUND GUILTY OF
MANSLAUGHTER


Verdict of NIanslaughter-The Punisl,-
rnent to be Fixed by the Court.
The case Of Philip Allen, charged with
the murder of James McGuerin at Gold
Creek in 1888, came up for trial in the
district court last Monday morning, and
Prosecuting Attorney Trippet moved for
a nolle pros. in the case on account of the
lack of evidence at hand upon which to
convict Allen. William Heney, one of
the eye-witnesses to the killing of Nc
Guerin, died at Nlissoula about two
are nowhere to be found, although search
has been made for them for the last three
months. II these witnesses can be found
another indictment can be returned at
any time, if necessary, but as matters now
stand the county attorney could do moth
ing further in the case.
When the court convened on Tuesday
morning, Philip Allen was put on trial for
the murder Of his wife at Pioneer on the
10th of May last. He was brought into
court at 10 o'clock by Deputy Sheriff
Brennan and Court Bailiff Newman, who
assisted him to his seat beside his coun-
sci, ]. Fl. Duffy. The jury was called
into the box and the trial of the case be-
gan. The examination of jurors as to
their qualification to sit on the case was
concluded late in the afternoon and is as
follows: George Brunell, John McCor-
mick, j. f. Roseborough. Joseph Jolly,
Pat Mccormick, L. St. lean, David Jones,
T. H. Cannon, H. Redmond, John T.
Powell, John Furst and Tobias Schurtz.
The examination Of the jurors did not
give any idea of the nature of the defense
and tended only as to any previous
knowledge Of the case on trial.
The court room was crowded with
spectators, who had come to get glimpse
OF the old man who had created SO much
excitement throughout the length and
breadth Of the state during the month OF
May last.
On Wednesday morning the trial was
resumed and the examination Of wit
nesses for the prosecution began. Will
liam Brent was the first witness exam
ined, and his testimony was substantially
as follows:
Il knew Hannah Allen: she resided in
Pioneer | was at Pioneer on the night
of the 10th Of May last; | saw her that
evening. There We're about 1S of US
young fellows there playing football in
front of her house, and quit just about
dusk, and some of us went to the saloon
and some went to the store. | walked
into the saloon and took my coat off.
Just as I pulled my coat off and was
washing my hands, Emerson Clark came
from the store to the saloon and halloed
| went up to Mrs. Emory's house. When
got there | stepped into the door and
saw she was on fire. There was basin
Of water to my left and | grabbed it and
poured the water on her. She halloed,
My Cod [ poured the water on her
until the fire was put out The clothing
she had on consisted Of a night dress;
she had no other clothing on that [ no.
ticed. She was lying on her side, about
foot and half from the door; the door
was open when | got there. AT that time
it was about 20 minutes after s. That
was the 10th day Of May, 1896. noticed
what was the matter with her; she was
shot twice through the bowels. [ had
not heard any shots, but | had heard
screams: l could not say who it twas that
| heard screaming; the screams came
from her house. | did not see any per-
son in that neighborhood going away
from the house. I stayed with Mrs.
Emory until the deputy sheriff came.
We picked Mrs. Emory up and put her
on the bed, which was in a vacant room
by itself. She died at 2 o'clock Sunday
morning | was not present when she
died; saw her a few minutes after she
died. One of the wounds went through
the pit Of the stomach. | did not see
Mr.. Allen until week after that, at Mr..
WiIhelm's store. I have known him II
years. Previous to the time that I saw
him at Wilhelm's, it had been eight
years since I last saw him. | could not
say where he had been. When I first
knew him, he lived in this house in Pho
neer: he left there in 1888; had not
seen him from 1888 to this year. When
he lived at Pioneer, eight years before, he
L =.