Great Falls weekly tribune., 1896-03-27
''NON,WE WILL DIE TOGE THER y
So Said John Sebastian, and lmme-
diately He Shot His
Wife.
State Rests, and Testimony for the
Defense Is Begun-Tes-
tlmOny.

In the district court, at 930 o'clock
Tuesday morning, was begun the trial
of the case of the State of Montana vs.
John Sebastian. The defendant is
charged with murder in the first degree
alleged to have been committed on the
18th day Of last October, at a shack on
the river bank, near the water company's
pump, house, when defendant shot twice
and almost instantly killed lis wife,
Frances Sebastian.
Under the Information, the defendant
may be convicted Of murder in the first
degree, the penalty for which is death;
of murder in the second degree, the pen
atty for which is imprisonment in the
state prison for not less than 10 years. or
of mansIaughter the penalty for which
is Imprisonment ia the state prison for
not more than u years.
County .Attor ey Freeman prosecutes
and Stanton 4 Stanton defend
The defeuee will admit the killing, but
will deny tha ii would have been muir
der in tha hr degree, even If defendant
had been 81 % at the time; and will also
ask the JuT 10 return verdict Of mot
guilty, by aasOn Of insanity"
CoI=il s.Ule difficulty was experienced
in attem uug to secure q jury, and no
jury ha been ImplEeled AT i.30 p. M,
when court adjourned until $3.50 o'clock
this morning,
L. W. King, W, H. Stafford, Josephus
Hamilton. Richard Barry, and G. b.
Loclhart, ali Of Great Falls, and \. d.
Pratt Of Armington were challenged aud
excused because they had opinions
which would preclude them from fairly
and impartlally acting as jurors
Examining every juror, County .Attor-
ney Freeman would ask whether or not
the juror would, il chosen to sit as a
juror, accept unquestioningly the in
structions Of the court as to the law ap-
plicabie to the case, Q. F. Wadsworth,
Jr., and Henry Tietjen, both of Great
Falls, who have been on the regular
panel, and Joseph Byrne of Great Falls
who was summoned on q special venire,
answered in the negative, Each was
challenged. Judge Benton sustained the
challenges and not only excused the
jurors but discharged them for the term
taking occasion to give a sharp talk 90
the duties Of Jurors He sad that it
thev I,regr more ',.r, ;La, taa ro,1rt. bar,
far ,hey oa-T;a @ tE.f ,I.i 1~Iief IN ,aa ;,ny ;nry
r~om Eo iii not J.rog, hu4 IL gao i'm.
proDer and urlawfpJ for tham - 70
fdoYt such "a cnIreo rfare are say.
p,aras ir tIfl rYrr,4yy ,rErr. a man is
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is mol within thS rrayi7ro ,f q inror t5
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+har IN rir.orff;rrnrs
A. j, Gr. .iyan lf Grca+ Falls WIS
not suiy approve Of insanity as de