Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-24
And Instructions Given in the
ShadWell Murder Case.
A VERDICT IS EXPECTED
Before NATURALIZATION Brings
Tears to the Eyes o. the
Prisoner.

When Judge Clancy adjourned his de-
partment of the district court last even
ing all the testimony in the case of the
state VS.. Robert Shadwell had been sub
mitted and the matter was ready for ar
gument On taking the case up this
morning the county attorney asked the
court to strike from the record all tes-
timony relating to some trouble that oc-
Cured w a man named Johnson
and Shadwell prior to the killing of
O'Connor. This testimony, he said, had
been brought out by him while cross-ex-
aiming the defendant and he thought
he had gone too far in the matter, that
any trouble betWee nJohnson and Shad-
we'll had no business in the proceedings.
The defense made nc opposition and the
court said he woul instruct the jury to
pay no attention to the Objectionable tes-
timony. Before the argument was COM
menced Judge Pemberton, one Of the de-
PENDANTS counsel, gave notice that he
would ask the court to instruct the jury
to not return a verdict of murder in the
first degree, for the reason that the tes-
timony adduced was not of sufficient
strength to warrant it, and, besides, the
supreme court in passing upon the APP
peal of the defendant after the first trial,
had said that the verdict was not in con-
sonance with the testimony.
Cornelius F. Kelly. chief deputy to the
county attorney, addressed the jury first.
He said that for nearly a week they had
been engaged in trying a man tina, had
transgressed the laws of eth and God.
He had felt as deep a sympathy for the
prisoners mother as a man could. but
not ~ithstanding the fact that he thought
the mothers grief genuine her mental
anxiety should not interfere with the APP
plication of the law in the case of her
son. He then paid his respects to the
testimony and pictured the tragedy in
the gambling room at No. 10 East Park
street as the result of ill-feeling engend-
cred between the two over a game of
cards. He expressed the belief that
Shadwell did not have on his person, at
the time O'Connor told him he would
break his head with a chair, the big gun
with which he shot O'Connor. and also
doubted the story told by the defendant
in regard to leaving the game before the
shooting and going out with the inten-
ton of eating a lunch and giving his bro
Their a key to the house in which they
! lived. There was another thing, he said,
that exposed the thinness of the defense.
The actions of O'Connor after the gun
was drawn showed that he was trying tC
hide from the gun. u the defendant had
stated that t'Connor had him cornered
Judge Pemberton spoke first in behalf
of the defendant. He called the atten.
ton of the jurymen to the fact that they
had lifted their naked and toward
heaven and sworn they had NJ bias OIL
prejudice in the case; that the judge o.
the court and the young men represent
ing the prosecution We're bound by oatl
to give the efendant a fair and impair
tial trial. Even the witnesses had beer
sworn to tell the truth. The credible
ity of the la liter. he said, would be lief
to the jurymen to consider after they hat
j entered their room. This question o
murder involved more than the simple
fact that the defendant fired the pistol
The jury would have to go beyond tina
and determine the intent-determin,
whether he had murder in his mind ant
heart and the condition of his mind a