The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-27
GRANTED A NEW TRIAL
Murderer Shadwell Given a New
Lease of Life.
GROUNDS FOR REVERSAL
Judge Clancy's Instructions for the Jury
to Disregard Some OF the Evi-
dence Presented by
the Defense.
Special Dispatch to the Standard.

| Special Dispatch to the Standard.
| Helena May 26.-The supreme court
to-day granted new trial to Bob
ShadWell, who is under sentence to
hang in Butte for the murder of Mar
| tin J. OConnor in 1898. Justice Hurt,
who wrote the opinion, devoted ever a
score of typewriter pages to a re. lew
| of the case, and to a portion Of the 20
| errors urged by Shadwelrs cCursel
| One of the main points upon when the
| court granted the reversal is the ruling
! of the lower court in his charge that the
| jury disregard all evidence of what
occurred As hours prior to the :irlc of
1 the killing and the differences between
| Shadwell and O'Connor After evidence
had been adduced upon that subject,
| the evidence of the witness Buglis as
to the epithets O'Connor applied to the
defendant is held to have been compe-
| tent and should have been consiJe cd
by the jury. After giving summary
| of the evidence and some of the as
| signments of error, the court says:
The foregoing resume of the testi-
| mony is sufficient to illustrate the
| events occurring at the homicide ard
| just prior thereto. 1t also suftices to
| show that upon the trial evidence was
submitted which extended back to a
game of cards on the night of he Sth
| or 9Th of January, two nights before
| the homicide, when. the witness Buglis
| said he heard O'Connor without cause,
| apply the epithets quoted to the de-
| fendant, telling him that he was not
| afraid of him if he was a 'gunfghter.'
WI Jipt hoI ,,ri-
| dence, OConnor also said to him with
an epithet: IF everything ain't on the
| square, I'll kill you This evidence was
competent and was evidently considered
so by the counsel for the state on the
| trial, for it was admitted without cb
| lection and was before the jury when
| the argument began. The jury had a
right to consider it. and ought to have
done so, in weighing the evidence. be
| fore agreeing upon a verdict. If the
| testimony given in respect to the threat
of the Sth or 9Th, and to the remarks
| which Buglis said were made in his
! presence by the deceased to the defend
ant was credible, it had to do with the
! defendants motive in killing OConnor,
| hence was of the utmost Importance
| and became a proper subject of inves-
| tigation.
Now, in probing that motive to as
| certain whether he was prompted by
| malice and acted maliciously, or
| whether he believed he was in danger
| of great bodily harm at the hands of
! the deceased during the movements Of
| the two at the card table just before
and at the time of the killing, it was
| competent to prove previous threats
made to defendant by OConnor, as
! tending to show cause for the belief
| Shadwell says he entertained. that he
| was in great danger of receiving hCrm
from O'Connor at the time he fired at
| MN ana k1lled MN. without the 'eE-
| lstence OF nance aforethousht t'efe
couid not nave peeh mufdef: bnt, as
saiu 70 Se' at 'le iacL ol tiie pres 1h'e
| VI lie dpstnce ol SUCH NANCE recent
previous dllllcultles ana recent pr
thfeats pS "Tceaseu anu dSdl'sl me
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