The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-07
APPEAL HIS ONLY HOPE
Judge Clancy Denies Bob" Shad-
we'll q New Trial.
THE COURTS DECISION
Murderer of Martin OConnor Remains
Imperturbabie Throughout the
Procsedings His Mother
Sat by His Side.

Bob" Shadwell was yesterday de-
MED a new trial by Judge Clancy and
the only hope left the murderer Of Mar
tin o'Connor is an appeal TO the SUI
preme court. The arguments on tho
defendants motion for a new trial were
completed yesterday afternoon inc the
court al once overruled the motion.
The prisoner received the decision If
the court with his usual immovable and
cold demeanor. but his poor old mother.
who had been sitting by his side
throughout the hearing. broke down
and cried. w~hereupon Shadwell gave
her an impatient nudge with his ell
bow.
Next Saturday was set as the time
for passing the death sentence on the
murderer.
The arguments on the motion for a
new trial were resumed yesterday
morning. One of the chief points upon
which the defense seemed to rely re-
lated to the action Of the court in over
ruling a challenge as to Juror Brown,
who stated hat he had an opinion in
the case and hat IL would take evil
dence to remove that opinion. not
withstanding that he could try h case
fairly and impartially. Another point
was on the admission of testimony rela-
tive to some trouble Shadwell had with
O'Connor a few days before the muir
der, which was afterwards ordered
stricken and the jury was ordered
TO disregard Il. Mr.. Thresher also ar
gued thai IL was evident hat the jury
acted under undue influence when the
verdict was returned. He claimed that
MIR. Connolly admitted that O'Connor
$40. 81. a.rra9Gnr and arUraI TINT M
most the defendant was therefore
guilty of nothing more tina man
slaughter.
Mr.. Connolly. i'm his argument. made
the charge that Mr.. Thresher had
made up his bill of exceptions In a
way that did not correspond with the
records of the case and included inn
portant exceptions that were not taken
at the trial. Mr.. Connolly said he did
not object to the bill of exceptions in
those particulars because he did not de-
sire to appear captiOus. but wished TO
call the courts attention to the facts.
Mr.. Thresher, in reply to Mr.. Connolly's
charges. said he thought II came with
very poor grace on the part Of the chief
deputy TO make objections at this late
dave and cast reflections not only on the
court and defendants attorney. but
also on himself.
Judge Clancy. in overruling the mo-
ton. said all the authorities were To
the effect that a strong and clear case
would have TO be made up To justify
the court i'm disturbing the verdict of
n jury. II have given you a fair hear
ing" aid he court, land the way II
looks to me is that these points raised
by Mr.. Thresher are dry, technical and
without substance. There Is nothing
In the point as to Juror Brown. and as
for the testimony relating To an occur
renee three nights before the tragedy
that was all stricken out and when the
county attorney referred to IL In his ar
gument to the jury he was ebuked by
the court and the jury vas admonished
To disregard II. The claim that such
admonition was in the nature of a
charge to the jury and should have
been given in writing Is not well taken.
As to the new evidence of the man
Johnson, that is not a good ground, as
the evidence Is merely an accumula-
ton. Neither is the plea of the defend
ants attorney that he did not have
time TO prepare for the trial good, for
he should have made a formal applica-
ton for a continuance IL he was not
ready for trial"
The court hen set the time for SEN
tence and Shadweli was returned "a
Jail.