The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-25


I'D pummeled to death, and the in
sSjnct OF self-preseryation asserted IT.
self The chief deputy county attorney
copfessed a sympathy for the defend
Apt and his gray-haired old mother,
sypich he did not want the jury to feel,
said Judge Pemberton, but In this ccun-
~ 1urles may be sWayed by sympa-
my, and 1t Is not unbeooming in jury
70 show mercy. The attorney said he
aid not believe the jury would darken
tne last days of the poor old mother
nd send her to her grave with her head
covered with shame and infamy. but
would rather light UP the last days Of
epdured SO much. Judge Pemberton
e10sed his address with touching plea
raj Shadwell and his aged mother, who
ct weeping by the side of her SON.
q. S. Thresher. chief counsel for shad-
ven, concluded the arguments for the
defense. and made a very thorough
spinning up of the case and the evil
dsnee. He began by stating that he
vent into the case a sick man. and
vgas still feeling badly, and would take
less time with his argument than he
ntnerWise would have done Mr..
Tpresher said all the testimony agreed
tpat O'Connor began the trouble by ris-
ipg from his seat and threatening to
hfeak a chair over shadwelYs
lead. The testimony of each wit
ness was reviewed by the at
torney, and when he reached
tnat Of A. NJ Anderson, a witness for
tT,e state, who had made material chan
oes from his previous testimony, favor
ssple to the defendant, he said the facts
aid not warrant the attack the witre=s
sras subjected to by the county attor-
ney. who had made the statement that
ne did not believe Anderson was tell
Ing the truth. Regarding the testirno-
II Of AL Stack the states witness, who
lid O'Conncr tried to hide under the
1able and had called to Shadwell not
70 shoot, Mr. Thresher said his testi-
n1ony did not agree with that of any
nther witness for the state. and that
n the county attorney asked the jury
- believe AL Stack. also known as "Jer-
~, the, Gambler" he could not ask
ttnern to believe any of his other wit
resses. DIR. Sheeran, who made the
r,ost-mortem examination on the body
tHndicated that O'Connor was in lean
;,dg position when he was shot. The
n.astimony Of the defense III the order
y its introduction was taken up. The
tastimony OF the man Hammer, said
.s1r. Thresher, showed that it was the
;Tntention of O'Connor to injure shad-
,npell and to break a chair over his head.
FIN when he jumped up from the ia
lie and tried to get hold of shadwell
II u his gun, and If he had been able to
oecure the gun doubtless O'Connor
srould now be on trial instead Of the
sefendant Shadwell. The evidence
Tears out the statement of the defend
ut himself that he only fired the shot
he gun in both hands long enough to
1--we fired every shot it contained btfore
,,e did shoot, and tried to sand O'Con-
..,or off, that he was hemmed in by the
.able, and did not fire until O'Connor
.aas right upon him. The defendant
,Trew that he was dealing with the man
,n,ro had said he would beat his head
II with a chair, who had said he would
az him 30 that 1t would be needless
nnyen for the coroner to look at him;
mat he would send him where they did
ut play cards. After summing up the
testimony Mr.. Thresher gave definitions
- the different degrees of murder. He
I'D murder in the first degree was such 4
: crime as was committed in South
Isptte year ago or two ago, when
little Ethel Gill after having been vio-
inated, was brutally murdered and her
: gdy secreted in vault He also said
.nat If highway rebber in an at
. nr1pt to rob, killed his victim, 1t was
.,surder in the first degree, but neither
lnsase cited had any likeness to that Of
IKE case on trial. The attorney said
sradwell made one of the most
aightforward witnesses he had ever
sen on the witness stand; that he had
: I'D an honest story. and related every
ttning concerning the tragedy just as
!, occurred. Mr.. Thresher said he had
fnught the defendants case for him for
:, Early two years with a Arm belief in
ne truth Of his story that he acted in
u.e1f-dafense. File said the defendant
I'D admitted that he was gambler,
ut the jury should not condemn him
ar that, for if he should be condemned
for that all the witnesses for the prose
llItion and third OF the men in the
Community were equally guilty. Mr..
1rrresher during the course of his ar
.ument, spoke of the ability and expert
snce of his co-counsel Judge, Pemb-r-
e.ou, who, he said had stated the law
coping that the Jury would not for a
Cement think of considering murder in
ne first degree. nor murder in the sec
nd degree, nor yet murder in the third
ggegree because the defendant acted in
o,elf defense when he shot O'Connor,
snd believed and hoped the Jury would
aanrn the defendant free that he might
axe his Thanksgiving dinner with his
Id mother.
County Attorney connolly MADE the
losing address to the jury and laid
.sttress on the appeals that had been
sssade to the Jury because of sympathy
nj Shadwell and his mother. He said
t.nat such influences. next to the falli-
Fifty Of the law, had done more to de-
.unoralize the administration of justice
man any other consideration. For the
..,1other Of the accused. or his brother
re might all have sympathy, but such
s~ympathy could be misplaced. AS the
NV had drawn sacred circle around
me defendant beyond which the prose-
II ton should not CO. SO he would adj
u.,aonish the jury that he now drew a
iItlpe, stern and unyielding, between the
aefendant and his mother beyond which
ttne jury could not cross.
',The county attorney next took up
tne question of whether the evidence
eenowed that there was warrant for the
pelief in the defendants guilt of muir
dder in the first degree. He said that
he story told by Mrs Griffin, Shad-
Cells mother, and by his brother could
not. In the nature of things. be true.
spadwell himself had testified that for