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

insane, to prove hat his mental on
dition was other than normal.
The defendant II presumed to be ane
until the contrary appears. And his in
sanity, relied upon as a defense, must
be established afirmatively by a pre-
ponderance OF proof as in civil cases.
In the matter OF insanity. the doctrine
of reasonable doe not apply. That is
to say, the burden OF proof of sanity
is not on the state. as IL is with. the
other issues in this case. but it is on
the defendant to show, by a prepond-
erance of evidence. that he was in
sane at the time of the alleged homi-
eide.
II you ind him insane at that time.
you hou return a verdict of not
guilty by reason Of insanity"
The evidence of on-professional
witnesses who have formed an opinion,
founded upon observation, as to wheth-
er the defendant Is sane or insane, 10
competent testimony.
The fact hat the defendant may
have been . before or after the
commission OF q crime In not SUFFICIENT
10 acquit him unless the jury find that
he was insane at h time the ACT was
committed.
The defendant has offered evidence
bearing upon his character for peace.
This testimony shout be duly consid-
cred by the jury and they should give Il
such weight as they think 1t is entitled.
The jury are the sole and exclusive
judges of the facts In the case and the
credibility Of the respective witnesses.
III You find the defendant guilty of
murder In the first degree you will so
return your verdict: II you find aim
guilty Of murder in the second degree or
manslaughter you will either AZ his
punishment or leave his punishment to
be fixed by the court.
All OF you number must concur In
rendering a verdict.
1t o the court about 30 minutes to
read the Instructions and the Jury re-
tired at 1855 o'clock.
In his address to the jury yesterday
Judge Clements. chief counsel for Riley.
made some remarks concerning Butte
which have been the subject OF some
comment. His exact language was as
follows:
The city Of Butte is one of those
spots on this earth that il without soil,
without roots. without grass or vege-
tation, without trees or green leaves,
and practically without an atmosphere.
where q bird could not live long enough
to sing a song IL 1t had a limb to perch
upon long enough to rest its weary
wings, and where the people are COM
PEELED to breathe as substitute for air
the foulest fumes of hell. Still, with
all that. the people of Butte have not
lost their sense of justice and capacity
to distinguish between right and wrong,
and there are hundreds and perha ps
thousands of Law abiding and competent
citizens there who could try this Defend
upon this charge and do justice both
to the defendant and the state. But the
county attorney Of that county, know
that fact. did not want this case tried
there he knew that those people
in doing justice by the defendant would
not put a rope around his neck and
choke him to death"
There were in all 81 witnesses exam
ined at the trial, as follows:
j. d. Freund. F. w. McCrimmon, G..
ID. Bryant. William Husselton, A.. II.
Barrett. Thomas NJ. Hodgens, Martin
Pishkur, p. H. Regain, Mrs. Carrie B..
Glenn, Nj. l.. Wines, George Davis.
Charles Copenharve. 81 Symons, David
Frank T.. Shaw, c. d. JOS
Frank w. Holmes, Emmett Gala
han, w. r.. Orr. John Mason, william
Blakely, Joseph l.. Hughes, Roddy Dull
lenty. Edward Russell. George III. Wells,
q. j.. Had, Henry Tigeerman, Thomas
Mcdonald. II. s. Tromble. James M.
and Il. f. st. Charles. Sew
eral others had been s~ubpoenaed, but
did not appear. County Commissioner
G.. Terrell and Deputy Sheriffs
O'Neill. Henry Aware and 4. L.
had been subpoenaed by the
to testify in rebuttal. but were not
called. The defense had also sum-
moned a doctor from Warm Springs as
an expert on insanity. but decided ANAL
ly that 1t was best not to put him on