The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-22
Bob" Shadwell, for the Second
Time, Faces a Jury.
MAKING GOOD PROGRESS
States Witnesses Once More Relate the
Story of the Killing OF Martin
O'Connor in the Fatal
Card Game.

ment of the district court yesterday
and rapid progress was made. Before
the introduction of testimony County
Attorney Connolly made a statement
to the jury as to what he expected to
prove. He said that on the morning
of Jan. II, 1898, the defendant and
O'Connor and several other men were
engaged in a game of cards in a rear
room of Kelly & Egans saloon at No.
10 East Park street. During the prog
ress of the game O'Connor accused
if he did not quit it he would break
chair over his head Shadwell then
got up and went out and returned Is
or 20 minutes later and called for his
cards. O'Connor said he could not play
again and that it was time to close the
game, anyway. He reached over the
table to gather up the chips, where
upon Shadwell pulled a big 44-caliber
gun from the waistband of his pants
and O'Connor grabbed the card table
and tipped it up to protect himself,
but Shadwell fired and shot O'Connor
through the neck.
Fred Shenborn was the first witness
for the prosecution, and testified that
he was in the card room during the
table and O'Connor accused Shadwell
of cheating and told him if he did not
stop he would be put where they didn't
play cards. Shadwell finished his deal
and then got up and went out, but
returned about 20 minutes later and
took his place at the game again.
O'Connor told him he could not play
any more and Shadwell replied that if
he could not nobody else would. He
grabbed the cards from man named
Johnson, who was dealing, and then
drew his gun. O'Connor ducked be-
hind Johnson and Shadwell kept NOV
ing his gun and pointing it at him.
O'Connor then pulled the table up on
edge in front of him; Shadwell fired
and O'Ccnnor dropped to the floor.
The witness was asked If O'Connor
had made any demonstration toward
Shadwell at the time he pulled the gun
or just before. but an objection to the
question was made on the ground that
it was leading.
In answer to other questions the wit
ness said O'Connor fell on his face
Immediately after the shot was fired,
and just before the shot was fired he
had his hands on the edge of the up
turned table.
On cross-examination the witness
said O'Connor was a man who weighed
about 175 or $50 pounds and was about
5 feet s inches in height When the
trouble first arose O'Connor told Shad-
well if he did not quit cheating he
would hit him over the head with
chair. Shadwell made the deal of
cards and afterward, leaving his checks
on the table, he got UP and went out.
When he returned OConnor told him
he could not play in the game any
more Mr.. Thresher asked the witness
several times If O'Connor did not apply
certain vile epithets, and he said he
did not.
IF he did you did not hear it?"
mo. sir"
"A good many things may have been
said that you did not hear?"
Yes"
And you don't mean to say that
you can remember everything that
was said or done?"
NO, sir
Shenborn said he sat by the side of
| Shadwell and had as good opportunity
to hear what was said as any one
George Mcdonald, another witness,
| testified that he was in Kelly &
Egans saloon, In the card room, at the
time of the shooting. He heard O'Con-
nor tell Shadwell to deal the cards
from the top of the deck and said if
he did not he would put him where
| they didn't play cards Shadwell did
not say anything, but got up and went
out leaving his chips lying on the ia
BILE. The witness walked out into the
barroom, and when he went back to
standing up and OConnor was behind
| a table. Shadwell was on the other
side with a gun held by both hands,
and he was moving the weapon about.
When the witness first saw the two
men the table was standing on it's
| legs and O'Connor had hold Of it, but
Shadwell had his gun and O'Connor
/ stepped back. Then the shot was fired
and O'Connor fell. He was about
| feet from Shadwell when the shot was
fired. Shadwell was in the corner OF
the room and the card table was up
close to the corner. After he had shot
| O'Connor Shadwell pointed the gun at
the crowd and walked toward the door
! and when he came to where the wit
ness was standing the latter took the
| gun away from him.
On cross denomination the witness
said he did not see O'Connor push the
| table toward Shadwell.
animation he had made of O'Connol
after he had been killed and the ma
| ture of the wound.
| Patrick NJ. Kelly, one of the proprle'
tors of the saloon, testified about the
location and condition of the scene OF
the killing and as to the identity OF
the man who was shot. Kelly was not
a witness to the shooting.
| Jack Conner was witness to the
killing and said he was in the card
room at the time Shadwell returned
and called for some chips. O'Connol
| said he could not play and that 1t was
time to close the game anyway. Shad.
we'll snatched the cards from johnson
and O'Connor reached across the table
to take them from Shadwell, where.
upon the latter thew up his vest anc
pulled gun. OConnor got partly
behind Johnson and the latter got ou
of the way. O'Connor then pulled III
the table with one hand and raisee
the other up to his face Just as Shad
we'll fired The witness said the hanc
which O'Connor raised was open.
A. M. Anderson, another witness
who had also testified at the former
| trial. particularly told the same story
| he related before, except that ne ad
ded a few more epthets, which he sale
! O'Connor had applied to ShadWe!l
| When Shadwell said that If he coult
not play no one else should, O'Conno
said: "Well, go on and make YOU