The Anaconda standard., 1899-11-15
WILL ESCAPE THE MOOSE
bob" Shadwell Will Plead Guilty
to Manslaughter.
CHIEF WITNESS MISSING
Clancy's Disappearance Probably Has
tened the County Attorneys Do
cision to Accept the Plea Of
Guilty to Minor Offense.

Robert shadwell, the murderer of
Martin O'Connor, who was once con-
victed of murder in the first degree and
sentenced to be hanged will to-day be
permitted to plead guilty to manslaugh-
ter, under which he cannot receive to
exceed 10 years In the pen. His second
trial is set to commence this morning,
but County Attorney Connolly, upon
the advice Of Attorney General Nolan,
will make a recommendation to the
court that Shadwell be permitted to
plead guilty to manslaughter, and 1t is
understood that the court will not op-
pose it.
This result of the murder case is due
to the decision, or, rather, to the opln-
ion, of the supreme court made In re-
viewing the case and sending 1t back
for new trial when it was heard on
the appeal. In it's opinion, the supreme
court expressed doubt that the evil
dence, as 1t appeared in the record,
would sustain verdict of murder in
the first degree. The case, however,
was not reversed on the ground of in
sufficiency of the evidence.
The case was reset for trial some
months ago, since when Shadwell and
his attorneys have tried to convince
the prosecuting attorney that he should
not under the facts, be put on trial
again for murder in the first degree,
and offers were made to plead guilty
to manslaughter and take a light SEN
tence. Mr. Connolly, however, did not
consider the offers until after he had
| consultation with the attorney gem
| eral, and the latter advised him to ac-
| cept the plea.
The determination to end the case in
| that way was not reached. however,
until yesterday afternoon, and last
| night the attorneys for Shadwell re-
ceived notice that caused them to cease
| preparations for the new trial. The
| county attorneys conclusion may have
| been hastened by the fact that the
| states strongest, If not its chief, wit
| ness had left the state and could not
be secured for the trial. The witness
| was man named Clancy who testified
| that the killing Of O'Connor was entire
| ly without provocation or justification.
| 1t has also been understood that Shad-
| wells attorneys were prepared to put
up a stronger case of self-defense than
/ was put up at the former trial Be
sides B. s. Thresher and L. J. Hamil
/ ten, the defendant recently retained ex-
| Chief Justice Pemberton to assist in
| the defense.
The crime for which Shadwell will be
| permitted to take a penitentiary SEN
| tence not to exceed 10 years was COM
mitted on the 18th of January, 1923.
| Shadwell and O'Connor and several
others We're engaged in game of cards
| in an East Park street saloon, and
| Slladwell was accused of cheating. Tie
result was quarrel between Shadweil
| and OConnor, and the latter threat
ened to beat Shadwell. Shadwell left
| the game and went out of the saloon,
| there being some evidence that he went
after a gun, and when he returned
| OConnor would not permit him to re-
| enter the game. ShaGwell drew his gun
| and everybody but O'Connor ran out
| of the room. O'Connor tried to get the
| gun and was shot and killed. Shad-
wells story was, and one witness cor
roborated it, that O'Connor pinned him
UP into corner with the card table
and struck at him, and, fearing that he
was in danger, he pulled his gun and
/ fired
Shadwell has been in the county Jail
| nearly two years and that punishment
! might be considered equal to five years
| in the penitentiary. If he is permitted
| to plead guilty to manslaughter and re-
| ceives the maximum punishment of 10
| years, he will be free man, with good
allowance, in six years and three
months, or a total imprisonment for
his crime of little more than eight
/ years.