The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-01

over and found a man lying on the
ground and helped TO carry him into the
cabin.
At the conclusion of Netherlands tes-
timony County Attorney Connolly an
nounced the close of the states case.
The court then called Attorney Lippin-
colt up and the two looked at some Sec
ton of the code and the suggestion was
evidently made to the attorney that
he make motion to acquit the defend
ant. Mr.. Lippincott did not immedi-
ately act on the suggestion, but went
and talked the matter over with Mr..
Lamb. The latter also hesitated about
it, but finally the two attorneys had an
other talk with the court, after which
Mr. Lippincott made a formal motion
that the court instruct the jury to ac-
quit the defendant. He said the states
testimony showed that no crime had
been committed and that the defendant
had acted in self defense. He said
there was nothing in the evidence upon
which to base reason for proceeding
further with the trial, and he could see
no need of arguing the motion unless
the county attorney wished to say
something.
The motion and the proceedings had
evidently been entirely unexpected by
Mr.. Connolly. In reply to Mr.. Lippin-
colt he said he did have something to
say, and he declared the motion made
was the most peculiar and the argu-
ment the most singular he had ever
heard. He said the state had been COM
PEELED to make out its case by wit
nesses who were in favor of the de-
PENDANT, yet in spite of it, as the case
then stood, the jury would be justified
in finding the defendant guilty of muir
der in the first degree. He said there
was no evidence that the deceased had
attempted to violently enter the resi-
dence of the defendant or that he in
| tended to harm anyone. Mr.. Connolly
said Nicholson claimed he killed Wilson
| in self defense. If he has such a de-
| tense he should be compelled to go on
| the stand and prove it and give the
| state an opportunity to cross-examine
him. The jury, and not the court,
| should pass on the matter. Outside of
! the testimony of Booth, the prosecution
| has shown that a man had been killed
and that the defendant killed him and
the case should be submitted to the
| jury.
Attorney Lamb, for the defense, said
| there was nothing i'll the evidence to
show that Nicholson did not act in self
| defense or that he was not warranted
! in firing the shot
The court was writing out an instruc-
ton to the jury advising them to acquit
the defendant, and after he had it COM
| pleted he said he would sustain the mo-
| ton and then read the instruction to
| the jury. The latter retired and after
rs minutes returned with a verdict of
not guilty. The court discharged Mich
olson and the latter went up to the
judge and thanked him. The jury in
the case was composed of Daniel Cam
eron, James Naughten, Michael Riley,
John Morgan, John Riley, Patrick Har-
vey r. M. Campbell, w. E. Schwein-
fest. Chris Christensen, w. P. Griffith,
John Robinson and A. j. White.
The county attorney took an excep-
ton to the action of the court, but it is
not probable that an appeal will be
| taken on 1t.
Nicholson is the fourth or fifth man
| charged with murder in the first degree
who was acquitted under instructions
from Judge Clancy before the jury had
heard all the evidence, or rather at the
conclusion of the states case. Among
| the others were the notorious Frank
| Moody, charged with the murder of
Paul F. w. Kroger; Frank Skohanc,
| charged with the murder of another
Austrian: Al Ford charged jointly with
Joe Shafer with the murder of John
| Hawkins. Several criminals were &C.
| quilted in the same way, one of whom
was James Lacey, a fellow charged
with robbery. whose partner, Mason,
was sent up for 20 years.