Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-15
SHAOWELL TRIAL
It Was Commenced Today In
Department No, 2.
MRS. CALLAHAN WINS
She Gets a Decree of Divorce From
Colonel Emmett COnS:d-
cradle Testimony.

The second trial of the case of the state
against G. r.. %Shadwell. charged with the
murder Of Martin O'Connor in Kelly &
Eagan's saloon at No. 10 East Park street
on the morning of Jan. II, 1898, was cont
menced in Judge C%lancy's department Of
the district court this afternoon with
Judge w. Y. Pemberton and Judge L. j.
Hamilton representing the defendant ana
c.. 2. Connolly and Cornelius Kelly the
state.
When the matter was called Mr.. Hamil-
ton stated to the court that his partner,
b. S. Thresher, who had handled the in
terests Of the prisoner at the first trial,
was i'll and would like to have the trial
postponed until Friday. If the court
could not grant the request a postpone
ment until tomorrow would be accept
able, he added.
Whats the matter?' asked the judge.
HAS he got the smallpox"
mo; only stomach trouble replied Mr..
Hamilton.
"Well, Mr.. Hamilton, no doubt you
know as well as | do that the excuse IS
not a good one. We will in all probability
exhaust this panel and have to issue an
order for a special venire. This case has
been tried once before and l do not think
! can postpone it,"
1--WE want an exception to the ruling Of
the court" said Mr.. Hamilton.
The exception was noted and a jury
called.
Mr.. Connolly explained to the jurynen
the nature Of the case. saying that Shad-
well had killed Martin James O'Connor
over a game of cards in Kelly & Egan's
saloon, now known as the Original Mug.
The remainder of the day was spent in
examining the jurors on their qualitica-
tons to serve and decide the fate of the
accused
During the day S%hadwell's poor old
mother sat beside the attorneys table
and watched the proceedings. The pris-
oner's brother was also in court a portion
Of the time.
AIT the former trial Shadwell was CON
victed of murder in the first degree, but
the supreme court granted him a new
trial.
Three Of the four men for whom at
tachments were issued by Judge Clancy
this morning for failure to be on hand as
jurors We're lined up in court this after
non. S. J. Ornstein told the judge he
could just not get into court on tim
and was fined $40. Byron Cook proved
nlnlSelI exempt. JOnH Moore Was IneO
So and Rosamond Van Toor escaped
both fine and jury duty as he could not
read English very we'll. He was put
through a questioning ordered by the
judge and admitted that he could not
read we'll.
The domestic troubles of Mr.. and Mrs
Emmett Callahan were aired at consid-
cradle length in Judge Lindsay's court
to-day, but at a late hour this afternoon
the end had not been reached and it die
not appear to be in sight.
The taking of testimony was com
menceu yesterday afternoon. but afte1
three persons had been examined an ad
%journment until today was taken.
The matter was called shortly afte,
il o'clock, Mrs. Callahan being PLACED
on the witness stand. She told how tn
defendant had on various occasion!
treated her With extreme cruelty, sayins
that he had gone so far on one occasion
as to point q loaded revolver at her ant
strike her in the face Wi,n his fist.
In answer to assertions made by th'
defendant to the effect that she had gon'
to the skating rink with another MAJ
and had stayed out until unreasonahl
hours of the night on other occasions
she stated that only once in the eigh
wears of their married life had sh,
spent the evening out and that, was on
time when her husband and herself hal
been invited to attend a party at tn
home of Mrs. Julien Smith. Her hus
band did not go, but she accepted tn
invitation and returned home with
male friend of Mrs. Smith.
c.. p. Connolly. her attorney. aske,
the Judge if he desired to know tn
name of the man and the latter said i
was not necessary.