Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-09-06

CONVICTED.
Jury Fixes Sentence at Two
Years and Six Months.
The Courts Charge on J~ustifiable
Homicide Quotes from a Late
Supreme Court Decision.


charge OF numbering Panhandle
Bob" Thornton at Gilt Edge on the
10th of last month, occupied the
attention OF the court Thursday,
Friday and Saturday, the jury reach
ing a verdic. at 3 p IN. Sunday, after
eighteen hours consideration OF the
case. The finding was manslaugh-
ter and the sentence fixed at twoa and
oDe-half years In the penitentiary.
Thursday was consumed in secur-
ing a jury, two special venires being
necessary. The following was the
jury sworn: W. A. Forsyth, stone
mason, Robt. Jackson, stockman.
Robt. Day, ranchman, Emil Jensen,
George Jackson. stockman, D..
j. Kane, carpenter. Noble Walker,
George Culver, ranchman, G.P.
Clark, carpenter, G. b. Anderson.
laborer. all of Lewistown; F. W.
Flint, peddler, Maiden; &. w. McDon-
aid, stockman. Flatwillow.
The state rejected Ed. Gilkey, Ell.
Mcdonnell, }. p. Sullenger and Frank
Sweers, while the defense challenged
Chas. Calbreath, Mike Brass, l.. IL.
Sweetland. L. p. Chandler, j. W..
Luton, A. Jackman, j. w. Donres,
Fred Jenni. j. Il. Evans and j. G..
Friday morning the state opened
its case, County Attorney Smith being
assisted in'the prosecution by j. W.
Freeman. formerly county attorney
Of Cascade county. Attorneys WE.
and +. Il. Cheadle of Lewis
town and j. A. Largent of Great
Falls, appeared for the defendant,
Mr.. Cort conducting the case, Messrs.
Cheadle and Largent only taking
part in the arguments. Mr.. Freeman,
behalf OF the prosecution, exam
lneu the witnesses.
The first witness called was G. w.
Wickes. followed by NJ. NJ. O'Brien,
John Alexander, Geo. Gallinger, Peter
McColloch (other wise known as Bob
RaeD DR.. Cliff Lindsey, F. II. Smith
and W. C. Whitaker.
Mr.. Wickes, upwards Of eighty
years old, was the states best wit
ness, he having stood in the doorway
o. Dryers saloon at the time Of the
occurrence and giving his testimony
in a straightforward which
left an excellent Impression with the
jury. The defense attempted to ''push
Wickes out OF the door," as one
of the attorneys characterized it,, by
the testimony of other witnesses, hut
Mr.. Wickes' story was about
asfulluws:
He had seen, on the morning of the
occurrence. defendant Dwyer and
deceased Thornton in the formers
saloon and had noted their talking
together in low tones and drinking.
He had seen Dwyer take Thornton's
gun from him and put it behind the
bar, excusing the act by saying
Thornton was not In "a condition to
render the carrying of firearms by
him safe. Witness saw Thornton
returning from the stable, rifle in
hand and had warned Dwyer that
Thornton was coming. to which he
had answered. "Oh, | guess there
won't be any trouble" Thornton
entered the saloon, as he did so TAX
ing his rifle i'm both hands and by
throwing the lever reject u cartridge
which fell to the floor, and placing
another cartridge in the barrel. APP.
preaching the bar. behind which
Dwyer stood, he stepped up on the
vender aud demanded OF Dwyer his
(Thornton's) revolver which DwyeI
had taken from him. Dwyer respon.
ded that be could not accommodate
him" and pushing Thornton's hand
back from the inner edge % the bar
drew the revolver, pointingit directly
at Thornton's head and ordering
him to 'drOp that gun. meaning tn,
rifle which Thornton held In his right
hand and which he was constantly
moving, tho not perceptibly raising
il. Again Dwyer ordered Thornton
to drop that gun, at which com
mand Thornton stepped one foo
l..l. th.. tfHa h.,kfaxF.V. nfil t...fattns
to thefoor. Thornton said he woul,
not (meaning drop the gum, DwyeI
~ third time said 'dropthat gun" an'
leaning forward, shot Thornton ~
the left temple, causing death sOm'
twenty minutes after. In the room
at the time were Hugh Lackcy. stand
ing several feet back and to the rlghI
of Thornton. McCulloch, standing "a
the bar near Thornton, and O'BrIeD
who sat in II chair some ten feet t.
the a
This witness being asked why h'
did not take the gun from Thornton
replied that he had intended to !
he believed there was going To he any
necessity for his interference.
O'Brien proved a most unwilling
witness, tho at the preliminary ex
animation he had been the best fol
the state. Answers of his were ~
unsatisfactory and grudgingly giver
that the court was finally compelled
to take n hand and in the closing
arguments O'Brien was sharply
scored by both Mr.. Smith and Mr.
Freeman, the latter comparing hin
to an obstinate cork, part Of wbicl
was left In the bottle.
Alexander testified to minor Incl
Continued On Seventh Page.]