The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-12
WILL TRY IT AGAIN
Edward ]. 0'Brien to Be Given An
other Chance for His Liberty.
SUPREME COURTS RULING
The Convict VIII Re Brought Back
From Deer Lodge. and His At
torneys Believe They
Can AcQuit Him.

Great Falls, March 11.-Now that the
supreme court has reversed the judg-
ment of the district court of Cascade
county in the case of the state against
Edward ]. O'Brien, who was convicted
of manslaughter at the October term,
and sentenced to the penitentiary for 10
years. many believe that another trial
will result in the acquittal of the man.
O'Brien was a rancher living a few
miles distant from this city. and on
Sunday evening, Aug. is, he shot and
instantly killed a quarter breed named
Frank Bixby at the O'Brien ranch. At
ter the shooting, which occurred at 10
o'clock in the evening, O'Brien walked
to town and surrendered to the first
officer whom he met. The quarrel be-
tween the two men originated over
Bixby's attention to Minnie Fisher,
who had been living as O'Brten's wife
for several years, and eliminated in
the death of one man and the making
of a convict of the other.
O'Brien was charged with murder in
the first degree and was prosecuted by
County Attorney Freeman and ably de-
Tended by Leslie & Downing, who main
tanned that defendant killed Bixby
purely in self defense and only after
the latter had attempted to kill O'Brien
with a huge butcher knife. From be-
attention and during its progress the
court room was packed with interested
spectators. many of whom openly ex-
pressed the belief that defendant was
justified in the act.
After being out one night and a day.
the jury returned a verdict of man
slaughter, and Judge Benton sentenced
O'Brien to 10 years at Deer Lodge.
His attorneys appealed the case and
appeared in supreme court in behalf of
their client while AttorneyGeneral Has
kell represented the state with the re-
suit already known.
1t is understood that O'Brien will be
brought back from Deer Lodge at once
and placed in the county jail and that
when he is again placed on trial his
attorneys will take the ground that the
conviction of manslaughter was vir-
tually an acquittal of murder in the
first and second degrees. and that de-
PENDANT can only be tried for man.
slaughter. 1t is said their position on
the question will be based upon the
fifth amendment to the constitution OF
the United States, which provides that
mo person shall be subject. for the
same offense, to be twice put in jeopar-
dy OF life or limb" and up
on Section IS, of Article Ill,
of the constitution of Montana, which
declares that mo person shall be COM
PEELED to testify against himself in
criminal proceeding; nor shall any per-
son be twice put in jeopardy for the
same offense."
The case is peculiar and involves
fine legal points of law as well as the
definition Of certain words contained in
the quotations referred to.
One thing is certain, O'Brien has
many friends who believe he is a peace
able, law-abiding citizen, who was JUS
titled in resenting the intrusion of Blk
by into his home. 1t Is also maintained
that the Fisher woman is O'Brien's
wife-under the common law marriage
system, having lived with him and been
recognized as Mrs. O'Brien for a period
of years.