Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-23
CLIENT, BUT MEETS DEFEAT
The Judge and Prosecuting A!tor-
ney Consider the Pri-
s0ner Lucky.

a new trial. When 1t was learned that the
stenographer could not get out a trans
script of the testimony in hat time an
additional thirty days was requested and
it was granted.
Neary is the man that stabbed Alexan-
der Murray to death during a lull in a
fracas at a cooking main at the Boulevard
house in the evening of January l and for
the crime was convicted Of ~manslaughter
a few days ago, the jury being out about
three hours. The verdict was a COM
promise one. When the balloting began
some of the twelve were in favor of bring
ing in a verdict Of murder in the first de-
gree, some M~anslaughter and some Sec
ond degree, but after several votes had
been taken without the display of much
Of q disposition OF the part of the jurors
to WAIVER, the mauslaughter verdict was
agreed upon as q compromise.
When the prisoner lined up for sentence
he was informed by the judge that the
time for retiring him from private life for
a while had arrived. He was told that his
counsel had represented him we'll and
twelve taxpayers n good citizens had
found him guilty of the offense with
which he was charged. Mansiaughter
was punishable by a sentence Of not more
than ten years in the pe%nitentiary. He
then asked Neary the usual question-if
he had any thing to say why sentence
should not be passed ur1n him..
Attorney Cotter responded. He review
ed the testimony given by Patrick Jen-
nings in favor of the prisoner and called
the attention of the court to the fact that
Neary was a young man. He expressed
the belief hat Justice tempered with
mercy was the most effective justice, and
did not consider it the policy Of the law
to be too severe on a man. Admitting that
Neary was guilty, it was not a crime
without some provocatlon, he said.
After Mr.. Cotter had finished speaking
Mr.. Conelly addressed thee curt. He
said he had filed ar information charging
Neary with murder in the first degree,
but he did not believe the prisoner was
guilty OF my crime greater than man.
slaughter. He considered the defendant
peculiarly fortunate in escaping as cas-
lily as he did. In a fit of passion he had
followed Murray up and b~rutally muir
dered him. The prisoner had been given
a fair trial, fairly instructed by the court
and convicted and it was his belief that
the maximum punishment under the de-
gree of conviction was not adequate to
the crime. Your HONOR said he, has
sent men to the penitentiary for twenty
years for holding a u to the head of
CAAClA AN imam AN oDoIA6 AAIAi Va 4
but here is a case of n.arder If he is
given ten years, the maximum punish
ment it will mean only six and one-half
years in the penitentiary. I believe
Neary is lucky. Circumstances surround
the crime make the Offense high de-
gree manslaughter n in justice to the
county attorneys office l ask that he be
given the limit. If the statement made
by Jennings is true he is guilty of a high
er crime"
Mr.. Cotter delivered another address
along the same lines as before, and then
Judge Clancy put the finishing touches
the matter. In answer to all this"
said he, Il have only to say that the jury !
sat here and listened to all the testimony.
l, too, heard it and think he got off re-
lucky. 1t is well enough some
to have pity upon and commiserate
acts of mankind, but there is such
a thing as going too far. There was no
excuse for the commission of this crime.
wi. sentence the prisoner to ten years
in the penitentiary."
In department No. II. Of the district
court last evening Barney Strasser was
acquitted of a charge of having received
properly knowing the same to have
been stolen. The judge instructed the
jury to- return the verdict and based the
instruction on the allegation of the de-
tense 10 the ELECT lldl III OIueI u prove |
one guilty of having received stolen
property it was necessary to first estab-
lish the fact that the property had been
This, it was alleged, had not been
done.
j. j. Eager was the complaining wit
ness and testified to matters concerning
the transaction. One night a few months
ago he left a saddled and bridled horse
in front of a saloon and someone stole
the whole works. On the following day
the animal was found tied in a shed at
the rear Of Strasser's house. The saddle
and bride were discovered in the pos
session of Strasser and he was arrested. |
attorney for the defense maintained
that the theft Of the animal and it's ap-
had not been established by |
the prosecution n made it stick.
A complaint charging John Nobel with
vagrancy was issued by the county at
torney today. 1t was filed in Justice Mic |
hols' court and a warrant for the arrest
Of Nobel followed. Nobel lives at 3l5
kemper avenue and at 81 there resides a
family by the name of Davis. Besides |
the head of the household of the latter |
there are two or three young ladies' who |
claim that Nobel has lately made him .
self 80 Objectionable to them in the man
ner of conducting himself that they found
it necessary to appeal to the law for pro-
lection.
THE TURTLE.