The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-25

ing around in the pocket. Shadwell had
admitted that although he had carried
it constantly for four years, when he
went to the gunsmith's to get cartridges
for 1t, not knowing the caliber of the
gun, he always took blank cartridge
along, so that there would be no mis-
take about the size, and did not know
whether 1T was A or As, a story which
Mr.. Connolly said was utterly unlike
ly. He could not describe or tell the
words on the side of the gun, in large
characters, Colts Frontier Six
Shooter
From this the county attorney argued
that he had gone out and got the first
gun he could find. He said further that
Shadwell's story as to how and where
he carried the gun was incredulous. To
stick small howitzer like that in a
fob pocket of the pantaloons and but
ton the vest over it would have caused
Shadwell no end of trouble. If he had
the gun for the purpose Of protection
against robbery he would have almost
had to disrobe before he could have
reached the gun. In addition to that,
every witness. for the state as well as
the defense, had testified that Shad-
well drew the gun from between the
waist belt and his inner clothing. and
ShadWell could not have carried the
gun there permanently; it was almost
too unwieldly for such a purpose. The
defendant would never have had gun
over a foot long to carry about his per
son. The county attorney then touch
ed on the relative positions of the two
men. He said that the only testimony
that supported ShadWells on this point
was that of Smedley-an entirely new
actor in the drama-and the states wit
ness, Anderson. Both stories were SO
completely like that of Shaawelrs that
all 10
of the same wool: and all three at
tempted to demonstrate an impossible
ity. If O'Connor had been pressing
Shadwell in the corner within a coupe
of feet of him with the table between
them he could not have fallen forward
on his face, as every witness, includ-
ing the defendant himself. said was the
fact. He must have been several feet
from Shadwell to have fallen as they
said and as all the other witnesses had
testified he had been found.
At the conclusion of Mr. Conno1ly's
address court adjourned until o'clock
in the evening, at which hour Judge
Clancy began to read his charge to the
jury, and consumed about 40 minutes
in doing SO. Not less than so instruc-
tons were given, and they were most
favorable to the defendant. One of the
interesting instructions was on the ruu-
ject of sympathy, upon which the court
said:
Counsel on both sides of this case
have in their arguments to the jury re-
ferred to the matter of sympathy, not
only for the defendant, but for those
near to him. This is but natural for
counsel, however much it's propriety
may be in question, but yet feel called
upon to say to you that undue sympa-
thy has no place in the jury box 1t
would be violation of their oaths if
jurors by such appeals to their sympa-
thy permitted themselves to be swerv-
ed from an honest and fearless per-
Torrance of their duty. This case like
all other cases where crime Is charged.
should be determined by the jury upon
the evidence before them and the in
structions of the court as to the law,
and upon this alone, and no juror act
ing conscientiously can base his YER
dict upon any other consideration. I
say this to you, not because there is
the least suspicion in my mind that
any of you will do anything inconsist-
ent with your oaths, but because the
law and my duty as presiding judge Of
this trial demands that this much
should be said.' aa
1t was S:45 o'clock when the Jury
retired to consider the case