The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-20
Dispatch to the STANDARD.

LIE In the state ~penitentiary. was the
verdict In the Riley case. After about
v hours elaboration the jury ar
rived At q verdict At s:25 o'clock to-
night. The jury sent word through
the bailinf about $50 that q verdict had
been agreed upon. The sheriff at once
dispatched deputies in quest Of the
court, the defendant and the respective
counsel. 1t was about 9 o'clock when
court convened. The jury filed in and
took their seats. There were about 30
spectators in the court room.
Gentlemen, have you agreed upon a
verdict?" asked the court. W. have
replied Walter Matheson. who stepped
out Of the jury box and handed q pa
per to the court.
Judge Smith glanced over the docu-
ment. and then handed II to District
Clerk McRae. After placing the filing
notation upon 1t. the clerk faced the
jury and read:
I'VE, he jury In the above entitled
action. find the defendant. Thomas j.
Riley, guilty of murder In the second
degree, and leave his punishment to be
affixed by the court. Walter Mathe-
sohs
The clerk Intercepted the jury in the
usual manner as to this being their ver-
dict. receiving Affirmative mods. A
poll of the IL men showed that they
were OF one mind The court then dis
charged the jury from further attend
ance upon the cou until next Tuesday
morning. 1t was noticed that he did
not tender the customary thanks. SIM
ply dismissing the IL men in a per-
functory ann
During the proceedings which had
settled his fate the accused wore the
same hang-dog look that has charac-
terized his features since the inception
of the trial. He barely smiled as Y.
T.. Cason, one of his attorneys. grasped
his hand and effusively congratulated
him.. On the way to the Jail Riley
said to the officer in charge of him that
he could not understand how the jury
had convicted him of murder in the
second degree.
How does the verdict impress your
asked the Standard reporter of Riley
at the county Jail late tonight.
II expected to get acquitted; them
people the powder mem killed near
ly so people," was his reply.
Talking in a similar strain. this man,
from whom the shadow of the gallows
had been removed, complained of the
jury's finding and of the action of his
counsel. He seemed to be aggrieved
because his lawyers had not consulted
him during the trial. When told that
his attorneys oversight was perhaps
for his own good. since the intention
was to impress the jury with his in
sanity, he said he should have been
consulted in the Jail IL not In the court
room.
1T seems like a mans attorneys
ought to talk to him." said he.
Riley claims that his witnesses were
inundated. In reply to a question as
to how he would a his medicine. he
said:
"Ill have to take whatever comes"
Have you any regret for your deed ?"
asked the reporter.
"I did not answer that question"
said Riley. as he shifted his position
on the couch upon which he was re-
clining.
Asked as to whether he considered
he had received a fair trial, the con-
victed man was evasive In formulate
ing his reply. beyond reiterating what
he had said about his counsel not con-
sulting with him. combined will COM
plants because he had not been tried
in Silver Bow county.
The members OF the Jury who were
seen by the Standard reporter were de-
cidedly non-communicative. They said
they had promised to divulge nothing.
1t is learned. however. that a majority of
the jury never considered the PROPOSE
ton of murder in the first degree from
the start to the finish. The first ballot
after reaching the jury room was an in
of murder in the second degree. The
first formal ballot was a duplicate of
the informal. The second ballot was IL
to /, and the jury stood hat way for 10
ballots, n man holding out for the in
Fiction Of the death penalty. This one
man, whose name cannot be learned,
hung out with bulldog tenacity until
ornDov tf~nA T1~.~ 49, oA-x,~A -.
guments, he surrendered his opinion, and
as soon as supper had been eaten con-
to vote for a verdict Of murder
in h second degree. The jury. while
never doubling the question Of Riley's
guilt, believed that an injustice had I
him and to hat end declined to
infiict the death penalty.
The case was submitted to the Jury at
1926 o'clock this morning. Judge smith
his Instructions directly after
court convened at 10 o'clock, and DUR
the half hour In which the Judge
was i~nstructing the jury Riley sat by
of interest In the proceedings that had
been manifest throughout the trial. !
When the Jury retired he was taken
back to Jail and on the way expressed
his belief that he would be acquitted.
Several Of his friends from Butte who
ABOUT the court house during
h day for the verdict also pretended
to believe that h would be turned
loose. In fact, there appeared to be a
great unanimity of opinion among the
people who attended throughout the
trial that Riley would never be con-
victed OF murder In the first degree. That
prediction. in fact, was freely made the
moment the jury a been selected and
sworn on Monday morning. Some men
prpfQnded IN he well onntOh anrro;tal
with at least two or three of the jurors
to be justified in predicting that Riley
would not get more than a conviction of
murder in the second degree.
The prosecuting attorneys from Silver
Bow county returned to Butte last night
and the state was represented In the
to-day by Attorney General
Nolan: Some Of the Butte witnesses also
home last night. The remain
der went hack fhiG evening i