The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-23

cesyes severe wounds on the body and
/ on the head. He remained in the hos
/ pital for three weeks. after which ne
\ returned TO the ranch. When ne re-
\ turned. he was a changed man. Inc
least thing would cause him TO become
excited. She says she never saw her
brother drunk. She left her brother In
1878. and went to Race Track.
After Mrs. Manley a concluded
her evidence. court was adjourned I'M
I'll 2 o'clock.
The first witness heard at the after
noon session. was Samuel Black OF
Deer Lodge. who testified as to the
good reputation of the defendant.
NJ. NJ. Donoghue. under sheriff OF
! this county, said that he had met Gil
| and had noticed a CLASSY appearance
in his eyes. Yesterday morning. wnen
he was brought out OF his cell TO De
taken upstairs. he walked right INTO
| the sherif's Office and when reminded
that IL was not the place where ne was
10 90 he Rad answered. "Oh. I forgot.
Ny head bothers me-" The witness
then noticed n very peculiar stare In
the prisoners eyes.
Michael Manley, nephew OF the de-
PENDANT. said that he had resided win
Gill from 1875 to 1879. He acted pecu-
LARRY at the ranch. He would leave
the dinner table and run to some cor
ner OF the room. He would get a plate
and break IL on the floor. He always
complained that his head ached. He
seemed to be healthy before he sustain
ed the fall from his horse. He broke
a few ribs by the fall. ne
took a drink. his eyes would have a
CLASSY appearance and they would re-
main that way until drink had worn
off. The prisoner was very quarrel
some with his friends. He often got
drunk. Witness was OF the opinion that
his uncle. when under the influence OF
liquor. could not have been considered
a sane man.. When he fell of his horse
he received a kick.
Attorney y. u Nader of his city
said he had lived for a while around
Race Track and knew the defendant.
whom he noticed to be a very peculiar
man. on several occasions Gill got
mad without provocation, and his eyes
would take on a CLASSY appearance.
Once, while out walking. the witness
had met Gill, who was on horseback,
and had n stick In his hand. He seemed
very angry over the fact that some
one had taken some bread and tobacco
from his cabin. Witness said he was
OF the opinion that under any excite
ment the man was not sane. but that
on ordinary occasions he knew the DIFF
ference between right and wrong, but
when drunk he did not.
James Manley. another OF the de-
PENDANTS nephews, said that his uncles
actions We're at times very peculiar.
He often complained of pains In his
head and the witness was of the opin-
ion that Gill is not sane. Witness
thought that the prisoner did not know
the difference between right n wrong
and that he Is insane. Witness never
tried to put him in an asylum.
Thomas Ford said hat he had known
Gin for a long time and his reputation
was good.
Con Dcneen was again called. He
said that the defendant would get up
at 2 o'clock In the morning to bake and
feed the chickens. There were knives
on the table on the night OF the diff
Guilty. and there were also carving
knives. Defendant complained that he
could not sleep, which was caused by
neuralgia In the head Witness be-
lieves that Gill was insane.
Charles Jones said hat after the fall
| from his horse the prisoner was uncon-
scious for an hour and he afterward
often complained of his head aching.
Thomas Keenan said that Gill was OF
a hasty and nervous disposition and
was very easy 10 excite.
DIR. r. J.. Mackenzie was then called
upon the stand Mr.. Duffy asked him
a hypothetical question. In substance
thus: IL n man fell of n horse; was
one hour unconscious; complained aft
erward of having been kicked: would
sit down to eat and leave the table
without any cause or reason; could
not i'm "A coherent manner
with anyone. and would hit a man to-
ward whom he had no i'll feeling. over
the head with a club-what would be
his idea OF him? The doctor answered
that in his opinion he would not con
slider that man as being OF SOUND mind.
DIR. j. NJ. Sigh. I'm answer to the
same question said II would be very
difficult to determine. In his opinion
ne would say hat the man was in
sane. or mentally unbalanced. Drink
ing would d to and intensity the
troublc
Judge Trippet asked witness wheth-
er he would hin that an excitable fell
low. called eccentric and cranky. who
would fall of his horse and sustain in
juries. who would get up from the ia
BILE and walk out: who would not talk
To his friends for n few days: gets a
club after a quarrel and hits n man
on the head with IL. would know the
difference between right and wrong.
DIR. Mckenzie answered that he did
not know that he was qualified to an
swer the question. He said that n
man may be insane and still enc the
difference between right and wrong.
The two same questions were put Ia
DIR. q. &. Evans. and he answered that
the man would no Cub be of un-
sound mind. Dr. Evan said that al
coholic liquors would have a tendency
to aggravate the condition OF such a
man. Witness would not say that such
a man would not know the difference
between right and wrong
o.. II. O'Bannon. Morgan a and
John Welton were the last witnesses.
II was then agreed between the at
torneys for either side that they would
take up one hour and a quarter each
for argument Judge Trippet's argu-
ment consisted first I'm the statement OF
the law pertaining to murder. He Their
gave a definition Of the meaning oi
murder and OF the different degrees into
which murder was divided. He stated
that the Indictment included murder In
the first degree. murder in the second
degree and voluntary manslaughter
He then passed to the argument of the
facts OF the case. showing that there
was no dispute al to the killing. and
that the only question In the case was
as to the sanity or insanity OF the de.