Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-28
Judge Clancy Completes the
Shadwell Jury Verdict.
TRIAL OF ED ERICKSON
Charged With Having Stabbed a Man
For Refusing to Give Him Is
CentS--Tried Tomorrow.

Judge Clancy's first act after opening
court this morning was to conllfm the
sentence imposed by the jury on G.. r.
Shadwell last Saturday. The prisoner.
With his right leg thrown across ms lett
II the foot on the end of 1t swinging
like the pendulum of a clock, sat beside
his brother and Attorney Thresher, and
when asked by the judge ii he had my
thing to say why sentence should not be
passed upon him answered in the mega
tive. His voice was neither chohed with
emotion nor as clear as a chlrplng prd-
it was Just ordinary. the no sof pelhs
delivered promptly at a range OF twenty
feet from the judicial throne. Before the
real cinch words were spoken by the
Judge the prisoner was. in a measure.
prepared for the ordeal. He IA told
that he had once before been tried for
the killing of Martin O'Connor, found
guilty of murder in the first degree and
sentenced to be hanged. The supreme
court, however, had granted him a new
trial, that trial had been accorded
him, with the result that he mad Deen
found guilty of murder in the second de-
gree and sentenced to life Imprisonment
Then the judge confirmed the sentence,
telling Shadwell he should be kept IN the
states prison the remainder of his nat-
ural life. compelled to labor hard and
pay the costs of the action.
IF your honor please. said Mr..
Thresher, when the judge had finished,
eve have served notice of II intention
to move for a new trial and would like
to nave thirty days in addition to the
regulation ten days in which to prepare
a statement in uDpOrt of he motion.
1t is our desire to dispose of the matter
as soon as possible
Il think twenty days ought to be sutf-
Gent" said the county attorney in OPP
position to the request. THE delay in
getting these matters before the court
has had a tendency to paralyze criminal
matters. 1t has caused witnesses to
leave the country and has otherwise de-
feated Justice
The Judge gave Thresher the thirty
days, but in so doing said there was con-
siderable in what the county attorney
had said.
in a community like this" he said.
people con and go; they are birds of
passage
MI. Connolly then asked the court to
make an order for a verbatim copy OF
the stenographic report of the testimony
in the case. especially that portion relat-
ing to the trouble in the saloon at the
time of the shooting. The object, he
said. was to give the supreme court a
better idea of just how the play came
up.
The order was made.
Mr.. Thresher's notice of intention to
move for a new trial is based OF the fol-
lowing allegations:
First that the court misdirected the
jury in matters of law. Second, that the
court erred in decisions of questions of
law arising during the course of the
trial Third, that the verdict is contrary
to law. Fourth. that the verdict is con-
trary to the evidence.
Business i'll department No. . was at a
standstill for an hour or SO this morning
The case of the state against Edward
Erickson. charged with having stabbed
a man because the man refused to meet
his begging demand for % cents. was
called for trial, but it was discovered
that u. 7. Cason his attorney, was alb.
sent.
us Zachary r. Cason your attorney?'
asked the judge of the prisoner. -
Yes, sir
DO YOU know the cause of his alb
senee?'
No. SIR
well, we cannot delay the proceedings
in the court. l will appoint W.. Naush-
ten and w. f. keithley to defend YOU"
Neither of the attorneys knew anything
about the ease and the judge gave then
half an hour for consultation, instruct
ing them to take the prisoner into the
corridor and talk ITO him. Just as they
We're going out at the door Cason bump.
ed into them. When the half hour had
expired Cason told the Judge he haG
OVERSIGHT and the udg let him have the