The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-12-01
TO Be TRIED AGAIN
Decisions in the Gases Of Pleasant
Draper and Edward 0'Brien.
THE TRIAL OF F. J. NESBlTT
His Counsel Endeavorlng to Have
Certain Charges Dropped in
Order to educe mis- en-
tence, IL Convicted.
sncelnl pisnatch to tho stnndnrd.

| Special Dispatch TO tho Standard.
! Helena, Nov. 30.-Pleasant Draper
will not be hanged Jan. !, as his sen
tenca by Judge X nowles directed. The
/ condemned colJred mans lawyers. 5,
A. Ballet and Lewis Penwell. to-day
received a telegram from Washington
10 thc effect that the supreme court
had just reversed the Judgment Of
/ Judge Knowles on the ground that
the United States court had M juris-
dictllu to try Draper. The decision is
/ OF wider Importance than would seem
10 be involved In the present action.
| 1t win affect future litigation Of both
a criminal and civil nature from any
/ OF the Indian reservations. Draper
killed his sweetheart, Lena Turner, on
the Crow reservation, and IL was sup
| posed at the time that the United
States court had jurisdiction. Subse-
| duently an appeal In a. case from Gus
ter county, involving the collection Of
taxes by the court on cattle on the
Crow reservation came up before
Judge Knowles. The case involved
some of the issues that came up in the
| Draper case. Judge Knowles decis-
ION was reversed In the circuit court
OF appeals at san Francisco on the
| ground OF jurisdiction and is now
! pending In the supreme court In
Washington. Draper will probably he
tried In the district court of Custer
county.
I The trial of Frank j. Nesbitt, en-
postmaster of Bo2eman for embezzle-
ment of postal funds. was commenced
to-day in the United States district
court. The forenoon was occupied in
80. Ia. -
made for jurors which was returned
early in the afternoon from which a
jury was made up. The indictment
was read aud included nine charges.
The defendants lawyer moved that
the last three charges be dropped
quoting section OF the new code in
support OF the motion. If sustained
the defendants sentence, IL convicted.
could not be for more than three
years, while as the indictment stands
II would be. upon conviction. 10 years
or lass. The court took the motion
under adylsement. Much of the after
noon was taken up in the reading OF
quarterly reports OF Postmaster Mes
! BIT. Twelve witnesses from Boze-
MN, Including some Of the most
prominent citizens Of the town. have
been suhpoenaed and are present.
AAAa9A VI Auf NlAHeFT-S llf lbl lUf Nt-
ferse.
Edward OBrien, whose trial for
murder attracted widespread atten-
ton. will be again tried, but for man
slaughter. The supreme court return
ed the opinion to-day. O'Brien was
tried before the district court OF Cas-
Cade county for murder in the first
degree. He was convicted OF man
slaughter and appealed to the supreme
court. Judgement against him was
reversed and the cause remanded 10
be tried anew. When the case came
up for re-trial. the defendant pleaded
that, having been acquitted OF the
crime of murder In the first and sec
ond degrees he could only be retired
for manslaughter The district court.
without submitting the question to n
jury. sustained his pleas The state
appealed from the order. holding the
pleas of the former acqulttal and
jeopardy to be valid. The appellant
contendel that the case Is brought
within subdivision 4. section 2273, Pc
nal code, which provides that the state
may appeal from an order made after
judgment. affecting the substantial
rights of the state" But the court
holds that the effect of the reversal
In the state VS. O'Brien, Is Mont |.
was 10 put ,he ueiendaht IN position
Us II nv yuuSheht hau ever neeh rem
eer,I u Nhttner OF not tle detenuaht
had been acquitted of murder In the
first and second degrees involved is
sues OF fact, under section 1890. This
being the case. the court was obliged
10 submit them 10 Jury, ana TINS
NOT naNlhs h"eh zone tne important
question whether or not the defendant
can pe tricd again tor murder. or