Daily inter mountain., 1900-07-18
NO NEW TRIAL
FOR DEMPSEY
LII uvA I'D kBSA
MOTION IN BEHALF OF WIFE
MURDERER IS OVERRULED
BY JUDGE CLANCY,
AFFIDAviTS PRESENTED
DECLARING HIM INSANE.
Jury Will be Drawn to Pass Upon His
Mental Condition on August so
Wants to Hang.

of the state against Peter Dempsey was
argued before Judge Clancy today and
think there was anything in it to entitle
the defendant to new trial.
Dempsey is the man who on April 1s shot
and killed his wife in room In South
days ago, found guilty of murder in the
state is a hanging one. He is also the man
who, after learning what his fate was to
be, asked his attorney to request the judge
to have him hanged as soon as possible, as
he had nothing for which to live. But the
attorney pursued a different course and
made a motion for new trial. basing 1t
errors Of the court during the trial and the
refusal of the court to give the jury the
Instructions submitted BY the defendant.
During its argument, the question Of Demp-
sey's mental condition was gone into deep
", and 1t resulted in decision to have q
Jury of twelve men drawn The same as
This will be done On August 80. an order
made returnable On that date. This was
( the day set for passing sentence upon
Dempsey, and the insanity issue was not
the prisoner if he had anything to say why
ipempsey saia nothing, but his attorney
did, the result being stated.
In overruling the motion for new trial
In support Of the motion for new trial
Of which had been made by Edward Bas-
sett of NO 1905 West Silver street, and the
other by himself In his own he stated
that since the trial of the cause he had
discovered new evidence Of which he had
no knowledge or information at the time
Of the trial; that Edward Bassett, Thomas
Jackson and jeremiah Healy, reputable
citizens Of Butte, would testify, if placed
on the witness stand, that they knew
Dempsey we'll, having worked with him
in a Nnnnliphf NnVan.
ber, December and January. and had ample
opportunity to observe his actions, as well
opinions as to his mental condition and
still have them; that in their opinion and
belief Dempsey. for months. prior to the
18th of April was of unsound mind and in
The affidavit Of Bassett is as follows:
Edward Bassett, Of lawful age, and, be-
says: That he well knows Peter Dempsey.
the defendant in the above entitled cause
Of action that he had opportunities to OBJ
Dempsey at various times prior to April
!! IS. 1900, and particularly about the lst day
tions this affiant formed the opinion and
belief at the time said observations were
made, and still has the opinion and belief
unsound mind; that said Dempsey had
imaginary. grievances and an apparent
mania to kill; that he was continuousl,
! mumbling to himself when this affant was
in hearing distance of said Dempsey anG
talking, at times. incoherently; that this
affiant worked as miner in the Moonlight
mine, where said Dempsey was employ ed
on or about the LIST of January, 1900, as
aforesaid, and that it was generally under
stood and believed by many persons so EN-.
ployed that said Dempsey was insane anc
of unsound mind. This affiant further states
that if placed on the witness stand ant
under oath he would testify as above an6
that he would testify that in his opinion
and belief the said Dempsey for a Ions
and of unsound mind; that this aff1ant re
sides at 1905 West Silver street, in the cit,
of Butte; that this aff1ant is in nowise re
lated to said Dempsey and has no per
sonal interest in this case or the final de
termination of the same"
The testimony of these men, together
with that of others, will probably be sub
mitted before the jury on insanity.