The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-25
It IS UP TO. THE JURY
They Were Locked Up for the
Night at l O'Clock.
HAD REACHED NO VERDICT.
Inc Day Was Taken Up by Arguments
OF Counsel-The Instructions APP
parenIy Favored the
Defendant.

The trial Of Robert shadwell for the
murder Of Martin j. O'Connor was COM
pleted yesterday, and his fate is in the
hands of the jury. The entire day was
| taken up with the arguments Of coun-
sci. and the case was not submitted to
the jury until a late hour last night.
At 1 o'clock when the jury was lock-
ed up for the night, after having been
out over four hours, no verdict had
been reached
Before the arguments were begun yes
| terday morning County Attorney Con-
molly made a motion to strike out some
testimony which he brought out dur
Ing the ton of Shadwell
on Thursday, in which he asked the
defendant il he did not have some trou
BILE with the man Johnson. one Of the
players in the game of cards which re-
suited In the murder. Mr.. Connolly
said there might possibly be an error in
the testimony, and he desired to have it
stricken out. The court made the or
der, and said he mwould instruct the
jury to disregard it.
w. Y. Pemberton of counsel for de-
tense gave notice that they would ask
the court to instruct the Jury that the
defendant could not be found guilty OF
murder in the first degree. on the
ground that the evidence did not sup
port 1t.
III just pass on that now" said
Judge Clancy. .'and say that I will re-
fuse to give the instruction
c. +. Kelley, chief deputy county at
torney, began the arguments, and ex-
planned the duties and responsibilities
OF the court, jury and prosecuting at
torneys. He said the county attorney
did not represent but one side Of the
case, but as a public officer he repre-
scented the law and the state, and it
was his duty to see that the defendant
had fair trial. Mr.. Kelley defined the
various degrees of murder, and assured
the jury that anything he might say in
his argument should not be taken as
| prejudice or ili-will toward the defend
ant He mad as deep sympathy for the
DEFENDANTS aged mother and believed
In the depth and sincerity Of the evil.
dence of her anguish and agony, but
mothers feelings should have no weight
| upon the consideration Of the evidence
/ Of the defendants crime. Mr.. Kelley
! reviewed the facts, as developed by
the testimony, relating to tho game Of
cards in the back room of Kelley &
| Egan's saloon on Jan. IL, 1888. Shad-
| well and O'Connor and several others
| We're engaged in game OF cards;
! O'Connor accused ShadWell of unfair
| oCSSilllB, dIu toiu lllIll IL lie uLu HUC Pkay
| fair he would take a. chair to him. Soma
| of the witnesses said O'Connor applied
a vile name to the defendant. Shadwell
| suddenly remembered, according to his
own statement that he had a key to
l;deliver to his brother. SO that the lat
ter could get into the house without
| awakening his mother. He stacked his
chips and went out and returned about
| 15 minutes later, and again took his
| seat at the. card table. and called for
| his chips. O'Connor told him he could
| not play, and that it was time to close
up anyway With the air Of bragg
CART Shadwell said: IF can't play no
one else will" O'Connor reached across
| the table to take the cards from Shad-
we'll, and the latter instantly pulled
his gun. O'Connor tried to get out of
the way and jumped behind Johnson,
but the latter got away, and O'Connor
tried to protect himself behind the card
| table, and while in STOPPING position
| was shot through the neck. Mr.. Kelley
said he believed, and thought the evil
dence amply justified it, that at the
time Shadwell got UP from the table
and left the room he was unarmed, and
! his subsequent actions proved that al
| that time he formed in his mind the
deliberate intent to get a gun and shoot
O'Connor upon the slightest provoca-
ton. He went out in search Of the
weapon, and returned with it, with the
intention that if O'Connor made move
his life would pay for 1t. What provo.
| cation or wrong was there in OConnor
| telling ShadWell that he could not play
any more, and that it was time to close
the game? What provocation was there
in O'Connor reaching across the table
to take the cards from Shadwell? But
at the instant he did that Shadwell
made up his mind to kill him then, and
he did Mr. Kelley said that In his view
or the testimony the Jury could do
nothing less than find verdict Of muir
der in the first degree.
W. 7. Pemberton, ex-chief Justice,
addressed the jury in behalf of the de-
PENDANT, and spoke Of the solemn duty
and obligation of the Jury which was
called upon to say whether a man had
a right to live OF not. He said the jury
would have to be satisfied beyond
reasonable doubt that every allegation
OF the information against the defend
ant had been proven before they could
declare the defendant to be guilty. Evil
dence Is not necessarily proof. The
character and manner of the witnesses
must be taken into consideration, The
proof must satisfy the jury that the |
killing was done deliberately, malic-
iously and with intent to kill There
must be union Of action; the mind
and heart. The hand alone cannot COM
nit crime, but have the support of
the mind and heart. The question of
intention is an important element in
the case. Judge Pemberton reviewed
the testimony of the defense, which |
went to show the rough character and |
the abusive and insulting disposition of |
O'Connor. who was always making |
threats against the defendant and 9TH
ers. He said there was not a word Of |
evidence that Shadwell was not play |
ing a fair game of cards: it was only |
in the vicious mind of O'Connor, who |
was seeking for Shadwell's blood. If !
the defendant left the card room to |
get gun, why don't the prosecution |
prove it? Some one must have seen
him when he procured it, but no such |
evidence has been produced, and the |
prosecution cannot ask the jury to |
believe what was not proven. If the |
defendant intended to kill OConnor,
why did he take seat in the corner
between the table and the wall where