Great Falls weekly tribune., 1896-12-04
0'BRIEN APPEAL DISMISSED.
Pleasant Draper, Who Killed His
Sweetheart, to Be Tried Once
More,

Sweetheart, to Be Tried Once
More.
Special to The Tribune
HELENA, Nov. 3O.-The supreme court
today passed upon the county attorneys
appeal from the order OF the lower court as
tothe charge upon which Ed J. O'Brien
should be tried the second time for kill
ing Frank Bixby. The opinion, by
Hunt, dismisses the appeal.
The executive committee Of the North
Montana Roundup association met here
today There were present M. E. Nil
ner, G. W. Price, A. W. Kingsbury, P. O..
Brewster, Henry Sieben, w. X. Flower.
rec, G. j. Mcnamara, Thomas Cla-y and
Robert Coburn. They were in session
all day and tonight are hearing reports
and tranaacting other business. j. W.
Tattan, attorney for the association, re-
ported as to prosecuting cattle thieves.
The attorneys for Pleasant Draper
under sentence to hang Jan. I, this after
noon received word from Washington
that the supreme court had reversed the
case on the grounds that the United
States had no jurisdiction. Draper will
now be tried in Custer county.
Sunday evening, Aug. 18, 1895, Ed
ward j. O'Brien, rancher, residing IN
the vicinity OF Boston coulee about IA
miles south Of Great Falls, returned to
his home. after being absent all day, at
| q neighbours, and when he reached home
found there Frank Bixby, young man,
| who, OBrien claims, had threatened
him and had come to the house after be-
ing warned by O'Brien to remain away.
O'Brien claims that when he entered
the house. Bixby, who was seated there
in, addressed to him an opprobrious
epithet and rushed toward him with a
knife. Then, O'Brien says, he raised
his rifle, which was behind door, and
fired at Bixby, striking him in the breast,
inflicting fatal wound.
The shooting occurred at about 9p. m.
and at about a. m. Monday O'Brien ap-
peared in Great Falls and surrendered to
the officers.
He remained in jail until in the latter
part OF October, when his trial on the
charge OF murder in the first degree oc-
Cured in the district court.
For the state, County Attorney Free
man and T. e. Brady appeared, and
Leslie & Downing defended.
The case was strenuously contested
and much interest was excited, as
O'Brien was we'll known in Great Falle,
having worked for the Cataract Mill
company and resided here for several
years.
1t was shown that Mrs. O'Brien was
the defendants common-lRw wife; that
she had gone under the name of Minnie
Warner, alias Fisher, in Fort Benton
and Maiden, about 10 or II years ago
and that her reputation for chastity was
then bad. The defense contended that
Bixby, who had not the best of reputa-
tions, had forced his attentions upon
Mrs O'Brien, against the wishes of
OBrien at least, and had been ordered
by OBrien to stay away from the
O'Brlen home; that Bixby had made
threats against O'Brien, in the hear
ing Of Mrs. O'Brien, and that
she communicated those threats to
her husband; that O'Brien left
his home in the morning Of the day on
which the shooting occurred, taking
with him his rifle, intending to hunt;
that he returned home about dusk, per
formed his chores and entered the house,
where he found Bixby. He placed his
rifle near the door and washed his
hands. Then he said to Bixby, 81
thought l told you to stay away
from here Bxby replied with
an oath, grasped butcher knife from
sill and rushed toward o. Briep, who seized
his rifle and fired two shots, each striking
Bixby in the breast, causing death in a
few seconds The entire defenee wes
self-defense.
The state contended that O'Brien was
jealous without cause; that he left home
in the morning, sneaked back under
cover OF the darkness, with borrowed
rifle, found Bixby seated near stove,
and shot him ae he sat; that he then ar
ranged the body, with knife beside the
hands, Mrs O'Rrien assisting, and then
came to Great Falls.
The trial began Oct &c, 1895, and = a.
concluded Nov. 2, when the jury re-
turned a verdict Of guilty OF manslnugh-
ter.
The Judge sentenced defendant to i'm
prisonment for 10 years, the maximum
penalty.
A stay Of judgment was denied and an
appeal to the supreme court WAS taken,
a host OF errors being assigned.
Last spring the higher court reversed
Judge Benton's decision and remanded
the case for Il new trial
Upon being arraigned to plead to the
information charging murder in the first
degree, defendant pleaded former jeop
ardy, alleging that conviction OF the
crime OF manslaughter was acquittHl Of
higher degrees of the offense and that he
could not again be tried for murder
The court accepted the plea and ordered
that defendant be remanded to custody
to await trial on the charge OF man
slaughter. From this order, the state
appealed and the supreme court now
disrnisses the appeal.
(JRriep haa hear in thu cn,,ptv ,,;I