Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-08-30
JURY
FOR DEMPSEY
PANEL EXHAUSTED THIS MORN
ING AND A SPECIAL vENIRE
ISSUED.
PECULIAR SITUATION IN
CRIMINAL PROCEDURE
If Murderer Is Found Insane He Nav
Be Hanged After Being Pro-
nounced Cured.

n tas OF getting a special jury Of
twelve men to pass upon the mental con-
dition of Peter Dempsey, who was, a few
weeks ago, convicted of murder in the
first degree for the killing of his wife.
Maggie Dempsey, in this city. on April
Is. was commenced in Judge Clancy's
court this morning, but was not COM
pleted because of the decided opinions
held by some of the members of the
venire. The work will be resumed at 8
o'clock tomorrow morning.
The examination is practically a new
one in this county, the question of the
sanity of a defendant in a criminal case
never before having been raised to the
extent of investigation by a full jury.
The jury that passed upon Dempsey at
the trial for responsibility in committing
the crime decided he hould die, but the
sentence has not been affirmed by the
court or a day set for the execution, be-
cause of the doubt that exists as to
Dempsey's sanity. II the present jury
should decided that the prisoner is sane,
a time for the execution, but If the re-
verse should be the case Dempsey will
be taken to the asylum and kept there
until the officials of that institution pro-
nounce him sane. hen he will be
brought back to Butte n sentenced for
present proceeding simply acts as a stay
and nowise effects the ultimate outcome
Of the case unless it should be that Demp-
sey is adjudged insane here and is never
pronounced sane at the asylum.
When the prisoner entered the court
room today he did not remove his hat
until commanded to do So by the bailiff.
Out of the fifty names drawn from the
box twenty-six were returned for jury
duty by he sheriff. OF these Judge w.
w. Dixon and George c. Fitschen were
excused for cause without the necessity
OF personal appearance in court, several
others were given their liberty for rea-
sons, and attachments were issued for
Burt Marsh, Frank Anderson and Frank
Cash. who failed to appear on schedule
time. A few minutes later Mr.. Anderson
entered the room, CAV his excuse for not
being present when his name was called
and was excused. The other two will ap-
pear tomorrow.
When questioned by the county attor-
ney Andrew Laden, William Hogan, w.
]. Sandow n James Grythan possessed
opinions in regard to the mental condition
of Dempsey and were excused. Mr.. Cry
than said his opinion was so deeply root
ed that no evidence could remove it."
~ evidence!" exclaimed the Judge.
No evidence, your honor" replied
Mr.. Grythan.
''Well, you are a dandy" said the judge
You are excused.
the panel m an order for a special ven
ure of fifty names was issued and made
returnable at 8 o'clock tomorrow.
Attorney Thomas A. Morrin, who de-
Tended Dempsey at the other trial, has
charge of the defendants interests. It Is
understood he has many witnesses ir
support of his theory of insanity on the
part of his client, but if the rule of court
is enforced the number that will be allow.
ed to give testimony will be limited tt
six. The state viii have only three ex.
perts on mental diseases-Dr. e. D
Leavitt, DR.. T. ]. Sullivan and DR.. P. J
Sheeran. 1t was the intention to DR.
o. Y. Warren of the Warm Springs asy.
lum, but that gentleman could not leave
his post of duty at the springs.