The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-01
TURNS HIM LOOSE
The Jury Instructed to Acquit
George w. Nicholson.
He KILLED JAMES WILSON
All the Witnesses the State Had Were
Intimate Friends of Nicholson-The
County Attorney Protests
Against Instructions.


Against Instructions.
Judge Clancy turned another man
loose yesterday who was on trial for
murder, The man was George w. Mich
olson, who shot and killed drunken
man named James Wilson on the 10th
of last October. Wilson had called to
see a Mrs. Donahue, who lived in a
cabin on Nicholsons lot on South Wash
| ington street. and the woman refused to
| sec him. She ran to Nicholson's cabin,
who warned Wilson to let the woman
| alone, whereupon he advanced toward
| Nicholson's cabin and as he reached
| the door was shot down and killed. All
| the evidence the state had was the tes-
| timony of intimate friends of Nichol-
| son, and although they testified in ia
| vor of Nicholson the evidence was sufh-
justified in killing Wilson. At the close
| of the states case the judge called the
| attorneys for the defendant and held
| whispered conversation with them and
they then returned to their seats and
| wrote out motion that the court IN
| struct the jury TO acquit the defendant.
| The instruction was given against the
| protest of the county attorney, and the
| jury signed a verdict in accordance
| with the instruction and Nicholson was
| released.
The case was called for trial at 8
o'clock in the morning, and by noon
| jury had been selected.
| In his opening statement Mr.. Con-
molly said the evidence would show that
on the night of the 10th of last october
| James Wilson had some trouble with
| Mrs. Donahue, woman who had been
acting as his housekeeper, and who had
! been discharged or had left his en-
| ploy. She lived in a cabin on Nichol-
| sons property, and Wilson went to
call On her as he had been in the habit
of doing. He was intoxicated and the
| woman refused to admit him and he
talked about breaking the door in, ana
| Mrs. Donahue ran out the back door to
| Ncholson's cabin. Nicholson went to
| the front door of his cabin and talked
to Wilson, telling him to let the woman
alone. Some words were passed be-
| tween the two men and Wilson said it
| was none of Nichoeon's business, and
he started from the front door of Mrs.
| Donahue's cabin to Nicholson's front
door. Nicholson told him that Mrs,
| Donahue was in his cabin and that he
would protect her. He told Wilson to
stay away, but he kept walking toward
| the cabin and Nicholson shot him. MIR.
| Connolly said there had been but one
witness to the homicide and he was an
| old-time friend of the defendant. This
witness would testify that Nicholson
had twice warned Wilson to keep away,
but he did not obey and Nicholson shot
| him. Ed Carroll and Nicholson started
up town to get a physician for Wilson
and on the way up Nicholson was ar
| rested. The wounded man was taken
| to the county Jail and later removed to
| the county hospital, where he died two
| la fol i,,r
that he expected to show that the de-
PENDANT did not act in self defense and
that the killing was not justified.
Police Officer Fogarty was the first
| witness for the state and testified that
he met Nicholson on Washington street
directly after the shooting and Nichol-
| son told him he had shot man ana
| wanted to get a doctor for him. The
officer asked him why he had shot him
| and Nicholson said the man was com
ing into his cabin. Fogarty placed
Nicholson under arrest and the old man
said he wanted to get a doctor for Will
son first.
County Physician Sheeran testified
about attending the wounded mao ard
| concerning the nature of his wound
The bullet had entered the right side
below the fifth rib and passed through
the body, lodging under the skin at the
back.
-.
said he was with Officer Fogarty when
| Nicholson was arrested. The tw,, Off
GERS afterwards went to the defend
ants cabin and found that Wilson lad
| been taken into the cabin ard he was
lying on bed when the officers ar
rived. They had him removed 10 the
county Jail and DR.. Sheeran was called
to attend him. The witness identifie d
a 45-caliber Colts revolver which had
been turned over to him as the guy w tn
which the defendant mad shat Wilson.
Captain Leyden said lie asked Nichol-
son why he shot Wilson and the de-
| PENDANT said he was sta 4 ling inside his
cabin and Wilson came up. He tor
| Wilson several times to keep away;
but he kept coming ana was just out
side the cabin door when the shot was
| fired. On cross examination the wit
ness said he had known Wilson durir 6
his life time and that he was atout So
years old and good sized man.
| William j. Booth of 733 South Wash
| ington street, the cabin where the
| shooting occurred, testified that he was
| living with Nicholson and was in bed
when he was awakened by some noise
and Nicholson said some one was
threatening to break down the door of
| Mrs. Donahue's cabin, which was only
| about Is or 20 feet from their own. A
few minutes later Mrs. Donahue came
| to the back door and asked for protec-
ton and Nicholson told her to come in
He then went to the front door and told
| Wilson to go away Wilson came to-
ward the cabin and Nicholson told him
to keep out, but he did not heed him
and stepped inside. He was about two
| feet inside the cabin when Nicholson
shot him. Booth said Wilson came in
with his hands raised and his fists
clenched. After the shot was fired
Nicholson gave his gun to the witness
and told him not to let that man in
or he will kill, us ALL" Booth didn't
think at that time that Wilson had been
hit, as he had disappeared from the
| door. When it was found that Wilson
had been shot Nicholson requested the
| witness another man 10 por him