The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-22

attorneys duty was TO represent the
defendant ~ well as the state. That
10 true TO h extent that the county at
torney shall lake no unfair ADVANTAGE
of the defendant. but 1t is also the duty
of the county attorney to uphold law
and order and stand between tint peo-
pie and m~alefactorv. In taking up the
testimony Mr.. Connolly first spoke of
the witness Clark. who said he had
heard Works threaten to kill DAILY.
Clark may have been mistaken as to
the time the threat was made, but Mr..
Connolly did n believe that he will
fully perjured himself. His testimony.
at any rate. was not offered to show
that Works intended TO Kill DAILY at
h a time. but to show that he had a
feeling of animosity toward DAILY.
Counsel referred to the occupation of
Works and some of his witnesses ana
said he la nothing against saloon
keepers or bartenders. because some OF
them were more honorable than some
lawyers. but he believed that when one
OF them gave q man drink. took his
money for IL. and put him in ar intox-
icated condition, he should be more
than ordinarily cautious and less quick
to take offense and shoot the drunken
man down in cold blood. Mr.. Connolly
said he believed from the evidence that
Works deliberately opened the drawer
containing the revolver before DAILY had
started around behind the bar. and
then. waiting till he came up and had
no chance to turn back. Works pulled
the gun and pressed IL against Days
breast and fired. He did not warn DAILY
and did not try to avoid an encounter.
He could have one so but he did not.
and everything showed hat he had
malice in his heart and shot DAILY
down deliberately and in cold blood.
Referring very briefly to the testimony
of the witness DAILY. that Works had
taken several shots at him. Mr.. Con-
molly said that testimony had no place
In the record and should not have been
admitted. In concluding his talk Mr..
Connolly paid a compliment to the de-
PENDANTS attorneys for the able de-
Tense put up. and also said he hoped
the jury would weigh the testimony
carefully and whatever verdict they
would reach would be satisfactory to
the people. Mr.. Connolly spoke for an
hour and 20 minutes.
II was 10 minutes to 3 o'clock when
Judge Clancy began reading his in
structions to the jury n concluded
at 3:15 o'clock. The instructions were
generally the ordinary and usual ones
given in murder cases. and were on the
special Instructions on the question of
justification. They were most favorable
to the defendant. and laid down. as
the law of the case, that IL Works was
assaulted II IA not necessary for him
to retreat or call on bystanders for as
sis;ance. and hat he was justified I'm
acting on appearances, although 1t
should afterward turn out that he was
not i'm danger and made q mistake In
Judgment; hat ne could not be held
responsible for an error in judgment.
The Instructions as a whole were prob
bly, as strongly in favor of the defend
ant as any ever given in a murder case.
The case was submitted and the jury
retired in charge of Bailif Shay at 3:19
o'clock.
After the jury had retired Mr.. Nc
Clernan called up the matter of the n
of $40 imposed on Juror Mahoney for
being late in court a few days ago and
asked that the fine be remitted. Mr..
McClernan stated that Mr.. Mahoney
was a good citizen inc did not wilfully
or Intentionally commit a contempt OF
court. besides he could lily afford to
pay the fine. Mr.. Cotter also added his
voice in behalf of Mr.. Mahoney. n
Mr.. Connolly, not to be outdone in cour-
tesy, Joined in the request that the Jur-
or's fine be RENTED. and h court
yielded and set aside the order made a
few days ago that Mahoney be commit
ted till the fine was paid.