The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-17
TWAS ALL RIGHT.
Burke just Shot in the Air and Marshall
Happened to BE There.

Burke just Shot i'm the Air and Marshall
Happened to lie There.
Special Dispatch to the Standard.
Deer Lodge, April 16.-The trial OF
the case of the state against George E.
Burke, the constable who took a shot
at Thomas Marshall while attempting
to effect his arrest, was commenced in
the district court yesterday afternoon
The examination of the jurymen re-
garding their qualification to sit in the
case took up considerable time. Several
were excused for cause, as they had
read newspaper reports of the affair
and formed opinions, while others were
acquainted with the defendant and
concluded that they could not try the
case impartially. The state only ex-
cused two jurymen on peremptory
challenge while the defendant exercised
his prerogative to its fullest extent and
excused five. The jury, as finally ac-
cepted and sworn to try the case, was
composed of William Christofferson,
John Smith, H. A. Smurr c. ]. Cading,
N. A. Christensen, John T. Powell, E.
s. Brown, J. II. Snow, Peter Moore.
Peter Hartz, Joe Michot and John T..
Evans.
County Attorney Trippet, in his open
ing statement, simply said that the
state would prove that the defendant,
and wounded the complaining witness,
Thomas Marshall, in the city of Ana
conda, on the Sth day of March, 1896.
Thomas Marshall, the complaining
witness, was placed on the stand and
testified that he was walking down the
street in company with some other
boys when they encountered shower
of snowballs from little lads who were
on the street. He caught the boy who
6n -lal lie -1ar1
Constable Burke came up and inter-
fered. and fearing arrest he said he
ran away THE officer fired a shot at
me-" said he, land heard ii whiz past
my ear The next shot he fired hit me
in the back and only ran a little way
when / fell down."
d. c. Walbridge and Sidney Stacey.
who were with Marshall when the
trouble occurred, in substance told the
same story with the exception that the
boys admitted that they had been
drinking some during the afternoon of
the same day.
The defendants, George Burke, YER
sion of the trouble was somewhat diff
ferent. He testified that ON arriving
on the scene The found the complaining
witness kicking a small boy in brutal
manner. He ordered him to stop, or
he would place them under arrest.
Marshall asked him by what authority
he would arrest him. The officer show
ed his badge and was attacked at the
same time by Marshall and Walbridge.
He tried to arrest the boys, but Mar
shall would not submit to arrest, but
ran away. The officer followed him and
fired his pistol twice with no intention
of hitting Marshall, but to scare him.
The officer claimed that the shot which
struck Marshall in the back was fired
in the ground and must have glanced
when ii struck the frozen ground.
Attorney ]. r. Boarman, counsel for
Burke, in his closing argument before
the jury, dwelt largely on this point of
the defense and 1t was sufficient to
raise reasonable doubt in their minds.
The case went to the jury at 6 o'clock
this evening and a verdict of acquittal
was reached at o'clock.