Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-07
Ex|T,MR.M MURRAY
He Gets Four Years in the
Penitentiary.
SHADWELL'S NEW TRIAL
Set For the Twenty Second of July
"A New Information Filled
Against Lucey.

In department No. 2 of the district court
today Judge Clancy pronounced Judgment
on Frank Murray, who was convicted last
week of the theft Of about $50 from Rob-
ert Boyd, an old soldier who, during the
late war, never flinched when bullets were
flying thick and fast about him, but went
down and was robbed in Butte two months
ago while engaged in an endeavor to de-
feat the product of a Kentucky distillery.
the p~enitentiary.
When the judge asked him if he had
anything to say, the young man arose and
began an address, but NJ. d. Kelly. his at
torney, relieved him of the job. The lat
ter reviewed the testimony adduced at the
trial. He spoke of the possibility of a mis-
take on the part OF Boyd in the allegation
that he had not given the purse to the
young man. He also thought Noonan's
testimony against the prisoner was Sc
we're.
In reply the judge said he had heard the
testimony, but as it was Murray's first of
Tense he would therefore give him only
four years in the penitentiary.
Tx III went 10TH the prisoner,
with open mouth and eyes plethoric of
wonder and surprise, leaned forward and
remained motionless a few seconds. Their
he gave his hat a twist, spoke to his
mother at his right and left the room with
the bailiff. Murray's father was also pres
ent, his face wrapped in an expression of
pain and humiliation. His appearance
stamps him as a hard working man.
The demurrer in the case of the state
against Daniel Lucey, charged with the
for hearing this morning, but the county
attorney was prepared for it. He con-
fessed the alleged errors in the informa-
ton. and at once applied for and was
granted leave to file a new complaint. The
document was not read to the prisoner.
The only material change from the former
one was the nart alleging the manner in
which the crime had been accomplished.
1t stated that the murder had been COM
nitted in a way unknown to the prosecute
Ing attorney, while the first complaint said
it had been done with a rock in the hands
of I-ucey. The prisoner was given Until
to make his plea.
Elmer Ensminger and Peter Normandie
pleaded not guilty to a charge of having
Invested George Mudd's Big Hole river
cabin of a few articles of value to a noun
taineer, and will be tried on the unlucky
18th. They will be given separate hear
ings.
Thomas Saddler pleaded not guilty to
having taken Il few shots at one O'Connel
in q Centerville saloon a few weeks ago
His case was set for trial on the 18th. The
defendants attorney was not present, and
Saddler transacted the business himself.
The case of the state against youne
Boots, accused of assault in the first de-
gree on Oscar PAUL., was set for trial on
the 18th. His attorney was also missing.
G. r. Shadwell. looking as pale as the
provcrbial ghost, was in court this morn
ing for the purpose OF hearing the judge
grant him a new trial in accordance with
instructions from the supreme court, anC
set a date for it. July % was decided upon,
but in fixing the date the attorney for the
prisoner asked that ii be made subject tc
a motion for a continuance, as a couple of
their witnesses were out of town. The
judge answered that probably some Of the
states witnesses were also absent, and he
would see about the continuance when the
time for the trial arrived. Shadwell has
been in the county Jail II months lacking
four days, but looks little or no worse than
when he was first incarcerated. A Ions
period of dissipation prior to the day he
shot and killed Martin O'Connor began,
years ago. to yield it's crop of subsequent
results, and they are still sticking to him
Attorney Lippincott asked Judge Clancy
today for an order on the clerk of the
court for the return of the revolver with
which George w. Nicholson shot and killed
James Wilson. He got it.
The county attorney has been granted q
additional days in which to make some
proposed amendments to the bill of ex-
CO atoms offered by the defense i'm the case
of the state against Joseph Shafer, whC
! killed John Hawkins nearly two years ago
In the suit of the city against William
II. Patterson and others, an action in,
volving the condemnation Of some property
the court appointed w. +. Cobban. Sam
uel Mulville and John B. MeClernan to APP
praise The value Of the bone OF contention
Ernest Hardcastle. clerk in Judge Clan
cy's court, received a letter from his sol
der brother. Will. today. The young sol.
| dier arrived AT San Francisco from Manil;
a few days ago and is now in the Pre-.
sidio, in the Golden Gate hospital. He viii
return to Butte as soon as he recover
sufficiently to travel.
; In Judge Lindsay's court today, George
w, Davis submitted a petition for the an
lcwance of a claim for ~ 1000. which H.
holds against the estate of his mother
Thea lane Davis. who died a few month.
ago. The claim is in the nature of tW'
! promissory notes for sl5.0 600 each, which
The interest amounts to $4,000. The FRS
National hank has a claim for x1I