Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-08
Jury in His Case Returns a
Verdict Of Manslaughter.
EPPlNGER IN A HOLE
A Great Fails Man Accuses Him Of
FOrgery-He Gets Half
a Year.

After being out forty-two hours the
jury in the case of the state against John
Hesley, charged with the killing Of John
c. Currie on the 21st of last June, came
into court at II o'clock this morning with
a verdict of manslaughter and fixed his
punishment at six months in the state
prison. AS soon as the verdict was read
the attorney for the prisoner asked for
a poll of the jury and the court COM
piled.
well, gentlemen, I sympathize with
you in your troubles. You have been
out now forty-tWo hours, q long siege.
l now discharge YOU for the term"
Hesley said he would accept the SEN
tence without further procedure and will
be taken to prison as soon as it is con-
venient for the sheriff to take him.
Although Hesley was charged with
murder in the first degree, the principal
point of contention in the jury room was
the degree of punishment. Not one, it is
understood, favored a verdict of any
thing greater than manslaughter with
more than a years sentence, while soma
favored acquittal. On this one PROPOSE
ton they stuck and the six months was
q compromise between the two.
At the expiration Of the first twenty
four hours the jury was ushered into
court and questioned by the judge as to
the prospects for an agreement. There
was none in sight ana the judge told the
twelve men to return to their room and
spend another tWenty-four llouis ). and il
at the end Of that time they had not
agreed he Would discharge them.
9 and 10 o'clock this morning
the gentlemen walked into the court ana
asked for further instructinns on the de-
UTpn pH1 hYl n = Or ma pc1 "a - So
were accommodated, the judge telling
them the punishment could NOT De more
than ten years nor less than one dav.
They then retired again and at the end
81 an hour announced that an agreement
q been reached. Some DELAY was a.
casioned, however, by the absence of
John N. Kirk, the attorney for the de-
fendant, who had left the court house
only a short time before the verdict was
decided upon. -
w. L. Eppinger and Pope Seals pleaded
guilty to an accusation of petit larceny
IN Justice Nichols court at 4 O'Clock yes
terday afternoon and today the Justice
gave the former six months in the coun-
ty jail;
Philippine islands Eppinger stole his
typewriter and paWned it for $12. When
Lalst returned he discovered his loss and
located the instrument in the pawnshOD.
The paWnbroker did not care to stand the
loss and had Eppingcr arrested on q
charge of grand larceny. The prisoner
was allowed to plead to the lesser offense.
however. 1t is just possible that he NAV
nave to face another charge after getting
through With the Jail sentence. A short
tlme 6 Epringer went to Great Falls
and solicited some work for the J. T.
R!dsley Printing company. In some wav
ne secured the signature of Ridgley and
forged a check on him for SIS. Ridsley
is now after him. In a letter to Manager
Mcfarland Of the opera house Ridgley
details the work Eppinger did there and
says he would walk all the way to Butte
to get a chance to prosecute him for the
forgery.
Seals is the young man who stole a lot
OF things from the Newbro Drug com
pany's store. 1t transpired TODAY th,+
his work was more extensive than at firsr
supposed, as a number of other articles
We're found where they had been hidden
by the young man.
The trial of the suit brought bv Georye
Il. Casey and others agains, Andrew An
defson and others to determine title To
a portion of the Hesperus lode claim was
commenced in Judge Lindsay's court to-
day as to defendant John r. Lewis. Ow-
ing to the fact that a majority of the reg
ular panel Of jurymen either served or
were excused for cause in the trial of
The first suit, which took place only Al,
few days ago. a special venire had to be-
summoned. Among the specials was
Thomas Rowe. While being examined
as to his qualifications to serve Mr..
Rowe made some contradictory state
ments and the judge called upon him this
afternoon for an explanation.
'N'l'. Rowe, you may step forward"
said the judge.
Judge Harwood spoke for Mr.. Rowe.
H said Rowe had told him he YVES very
much worried over the matter: that his
Wife was III and at the time he was nuas-
toned ne was agitated and meant no dis
courtesy to the court: that he thought
l." co"'d not give his wife the attention
sfe required and attend to court today.
Judge Mcconnell also spoke in behalf
O. Rowe and when he had finished, the
judge said:
The court has not the remotest desire
to be harsh With anyone, and the con-
duct Of Mr.. Rowe in regard to the con-
Trajectory statements made by him on
the stand this morning will therefore be
excused"
The trial of the cause was then pro-
ceeded with.