The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-03-13
JURY BRING IN VERDICT OF MAN.
SLAUGHTER.
JUDGES CHARGE TO JURY
=
instructions Say He Was Justified in
Forcing His Way Into
Chevrier's Room.
Especial to The Gazette.

Butte, March 11.-Walter Brooks,
the man on trial here for several days
past for the killing of a Butte barber
Of the name of Chevrier, was convict
ed by a jury of manslaughter this af-
ternOon. The case went to the Jury
yesterday afternoon and the general
opinion was that the accused man
would be given his liberty. The in
ored the prisoner. The case will, it
is said, be appealed.
Butte, March 10.-When the Brooks
case was called this morning at the
opening of the court Judge McClernan
read the instructions to the jury.
There were about 60 pages of instruc-
tions and it took a full half hour to
read them.
The instructions were very decided
~ in favor of Brooks. The most
forceful and weighty one of the col
lection was one which declared that
it was Brooks right to go to Chew
rier's room to peacefully remove his
wife or, her property from that place.
Another which leaned his way as
serted that if Brooks killed Chevrier
in the first transport of passion, when
he beheld his wife in Chevrier's room
on the knee Of the man who suffered
death for his indiscretion, he could
not be found guilty of anything more
than manslaughter-
Still a third instruction Of a char
acter favoring the defendant stated
that Brooks had a right to defend his
person or that of his wife from an
attack, and if they were in danger,
had a right to defend them, and to
use whatever force was necessary for
the purpose.
The court instructed the jury that
they had no right to disregard the
evidence of the defendant because he
was the defendant, and that his in
nocence was presumed by the law till
his guilt was proved beyond a reason
able doubt; and that the presumption
was not a mere form but was an es-
sential and material part of the law.
Mere probabilities were not suf.
iicient to warrant a conviction, the
court said, and a conviction was a
ranted only when all theories of in.
nocence were untenable; also that the
presumption of innocence holds
throughout the whole trial until over
come by proof.
After the instructions had been de-
livered, Assistant County Attorney
Lynch addressed the jury for the
state. Attorney Morrin and Booth
followed in the order named, and
County Attorney Breen concluded for
the state.
Messrs. Lynch and Morrin occupied
the forenoon and the other gentlemen
used a couple of hours or more in the
afternoon, beginning at 2 o'clock. All
the arguments were able and incisive-
ly analysed the evidence and effective
ly dilated upon the sentimental as
poets of the case.
While the arguments were in pro-
gress Brooks sat most of the time
with his eyes cast down, and his
smooth-shaven face flushed by the
c%loseness of the room. He moved his
fingers n%ervously, but chewed gum
part of the time. He seemed to
listen closely to the evidence.
Mr.. Lynch in his argument said that
the killing of Chevrier was unfort-
innate, because it destroyed n life
and blighted two others. Comment
ing on Brooks evidence that he for
got he had a revolver on his person,
Mr.. Lynch said that he did not think
it likely Brooks would forget the re-
volver while bound on the mission
that took him to Chevrier's room.
Mr.. Morrin said that Brooks coun-
sci asked an acquittal because
Brooks had a right to go to the dead
BARRIERS room, and because the law
said that those who God has joined
together no mar should put asunder.
He said Chevrier was a social out
cast who cared not what sorrow he
caused now or hereafter, and that
Chevrier attacked Brooks, who, had
he not defended himself, would have
been the dead man instead of the
barber.
Mr.. Morrin also said that the evil
dence showed that five married wo-
men were f%requenters of that "hole of
iniquity run by Emory Chevrier," re-
farr;no m tho harher's 1ady friends