The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-16
BUTTE News.
he CHANGED HIS MIND
Shadwell Must Be Tried Again
for Murder.
NOT PERMITTED TO PLEAD
Re-Examination Of Evidence and tbs De-
cision OF the Supreme Court Made
the County Attorney Change
His Determination.
NOT PERMITTED TO PLEAD

County Attorney Connolly exercised the
privilege all men have and changed his
mind. After agreeing to permit Robert
] Shadwell the murderer of Martin
O'ConnoT, to plead guilty to the charge
of manslaughter and notifying shad-
wells attorneys to that effect on Tues
day night, he woke up yesterday morn
Ing with changed mind and heart aad
announced his determination to put
Shadwell or trial again for murder in
the first degree. In accordance with the
opinion of the supreme court in granting
ShadWell a new trial, and upon the ad-
vice of Attorney General Nolan, the
county attorney had prepared state
men which he intended to submit to the
court with his recommendation that
6hadwelIs plea be accepted, but when
ne went home Tuesday night he took
with him a transcript of the evidence
given at the former trial and closely
read it over, with the result that he
changed his mind and came to the con-
causion that he would not be doing his
duty If he did not prosecute Shadwell
again for murder in the first degree.
The supreme court, in it's opinion and
In passing upon the evidence of the de-
PENDANT, said:
.'Ons cross-examination, he (the de-
fendant) said he was IS years old; that
he had been a gambler for a long time.
That he always carried a pistol with
had money. That when OConnor
threatened to break a chair over his
head, he also told him to prepare him.
self and he would fix me so wouldn't
play any more cards. He said that
O'Connor was trying Ito get hold of him
the table on top of him. That he was
a, small man, Weighing no pounds. and
that the reason he started to raise UP
before the shot was fired was because
O'Connor was coming around the table
after him. The cross-examination in re-
lation to the position of the defendant
and the deceased and the use of the ia
BILE was rigid. Defendant adhered TO
hts statements that O'Connor was push
ing the table on him and coming after
him at the time he fired the shot
The cross-examinatton of the defend
ant, said Mr.. Connolly, in the presence
Of the court and jury, showed that lis
testimony on this point was absolutely
unreliable, full of contradictions and of
physical impossibilities. The table IN
it seems to have been impossible to get
this evidence in the record as it appear
ed to the court and jury.
After a careful perusal of the avi-
dence in the record and my recollection
Of the testimony Of the witnesses on the
L
could not conscientiously accept The
plea" said the county attorney yester-
day.
The case was called at 2 o'clock in
the afternoon. Shadwell looking little
worse than when he was first locked up
nearly two years ago, walked into the
court room in charge of a sheriff's off,
Ger, MS mother and brother preceding
him in, the former weeping. She
showed her disappointment because she
had been led to hope that her son would
not again be put on trial for his life.
Before a jury was called L. ]. Hamil-
ton, one of Shadwelrs attorneys, asked
for continuance of the trial until Fri
day, owing ito the illness of B. S.
Thresher, who has had sole charge OF
the case. Mr.. Hamilton said that both
himself and Judge Pemberton had re-
Gently come into the case and knew
very little about it, There WASH OPP
position to the application but the
court would not grant it and ordered the
trial to proceed. An exception was
taken to the courts order and then the
work of selecting jury was taken up.
Before 5 o'clock the entire panel had
been exhausted andonly two peremptory
challenges had been exercised. A spe-
cial venire for 100 names was issued
and made returnable at / o'clock Fri
day afternoon, to which time the case
was continued.