The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-24
ANACONDA news.
THEY ARE STILL OUT
Twelve Mem Considering the Evil
dence in the Gill Case.
PROBABLY A HUNG JURY
More Than Seventeen Hours Has Al
ready Been Passed IN b Jury
Room without a Verdict
Being Reached.

The jury in the Gill murder trial was
given its Instructions at IL o'clock yes
terday morning and at 3 o'cio.k this
morning IL was stiil celebrating. There
is no probability that the jury will re-
turn into court until quite late to-day.
II Is the opinion that II will be a hang
jury. although his opinion is based
| upon nothing more than outside mdica-
tons.
The Jury in the Gin case Is said ~ te
composed of determined men. eel Ia is
more tha likely that the opinions OF
the men on the jury have already besn
formed and that they will stand bv
| those opinions until a verdict OF us
agreement Is agreed To.
When the district court
yesterday morning. the argument OF
counsel to the jury was j.
II. Duffy. attorney for Gill. made a
very strong argument in his clients IA
vor. He opened by thanking the IA
for its courteous treatment of the de-
. endant and himself, for Its declaration
to give the defendant the benefit or
4 zach and every right that the law gave
! to linn.
! Mr.. Duffy called the attention Of the
jury to the charge contained in the in
formation. also to the necessity OF the
states proving each and every mate
rial statement contained. in said infor-
nation.
. He argued at some length to the jury
| that IL Is the duty OF the state to prove
! by evidence. to a moral certainty. that
I at the time of the defendants striking
welch with a club over the head. as
described I'm the Information. Gill had
the specific intent. deliberately and
with malice a~forethought. to murder
n 80 e.~sAA. aE1taaA that this
intent could not he presumed. III the
jury entertained any doubt as TO its
, existence at the time of the alleged
| killing. IL should acquit the
Mr.. Duffy told the jurors that IL was
his opinion hat there was not suffi-
cient testimony In the record to estab-
lish that the killing was murder in any
degree. He said that there had been
an entire absence OF motive In h
mind of the defendant at the time Ct
the alleged killing. n that an absence
of motive was OF itself a circumstance
tending to support the theory of the
defense.
He told the jurors that by the testi-
mony OF Con Deneen and Morgan Ev-
ans. who both testified that after they
went out driving on the day of the
dificulty between the victim and the
defendant. and the little u talk
, which occurred two hours preceding
abe killing. had worn OF. the two men
were again friends and they both mad
good feelings towards each other.
Mr.. Duffy said: IF there had been
no liquor around the cabin that day.
you. gentlemen OF the jury. would not
be In your seats to-day. to say whether
a human being shall I've or whether he
shall die at the end OF a rope"
The evidence that was brought up all
tends To show. said Mr.. Duffy. that
the defendants mind was affected With
insanity to the extent that he did not
know that IL was wrong TO strike Welch
and that he would be punished there
for. II also shows that the act itself
was the product Of an Irresistible inn
pulse which vas beyond the control of
the defendant.
Mr.. Duffy then argued to the jury at
some length. that the fact of the con-
slant drinking of intoxicating liquors
was sufficient To establish a dementia
in the mind of the defendant and IL
IL were shown upon the trial by any
credible evidence that the defendants
mind was affected with insanity at any
time prior to the time or
the killing. the law would pre-
sumo him insane at the time of the kill
ing. unless the state proves his san
ity at said time beyond a reasonable
doubt.
lttn iitNfu a tnpfOuku dndiNrir VI
all the testimony introduced by the de-
Tense. particular stress being laid on
the testimony OF DIR. Sigh and DIR. Ev-
vans, who both testified that II was
their opinion that the defendant was
insane and not mentally responsible
for any act which he might commit.
Stress was also laid upon the testimony
of the old-timers OF Deer Lodge IA
~, who had known the defendant for
the past 30 years and who testified that
GIN had always been OF a cheerful dis
position. pleasant TO all who came in
contact with him. Comment was made
at some length at the wound received
by Gin in falling from his horse In
1876. and his numerous complaints Of
shooting pains in the head.
Mr.. DUFFY concluded his argument by
making a very impressive peroration.
asking the jurors TO do justice TO a man
who was not responsible for his ac-
tons
This man does not live I'm the same
world as we do: he does not belong TO
our class. His thoughts are altogether
different from ours. for they wander
from scene TO scene without knowing
any stopping place. I do not implore
your clemency for this poor unfortu-
nate human being. All i ask. gentle
men Of the jury. is hat Won do justice
to yourself. justice TO the defendant.
Justice TO your manhood and Justice TO
you God. Then. gentlemen. you can