The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-18
MUST STAND
| TRIAL AGAIN.
JURY IN THE SHAW CASE CANNOT
REACH VERDICT.
RENNIE GETS OFF LIGHT
Found Guilty Of Third Degree Assault,
With Punishment Limited
to a Fine.


jury stood on all the ballots taken
after the case of State VS.. Fred Shaw
had been submitted and the Jurors
retired to deliberate on verdict. The
ten proved to be stubborn fellows and
refused to yield to the two. The con-
sequence was that an entire night and
part of one day were spent under lock
and key and when the final vote was
taken it was found that an agreement
was no more possible than it appeared
to be when the first ballot was can
vassed.
Tired and weary, not to say cross,
looking, the jury returned Wednesday
morning and reported to the court that
lit was useless to try any more; that
an agreement could not be reached
Having received ample proof of the
| will power of the men who were di-
vided in their opinion, and realizing
| that to keep them out longer with the
hope that they might agree would be
of no avail, Judge Loud ordered the
discharge of the jury and called the
next case.
State VS.. Rennie.
All the witnesses being present and
both sides prepared to proceed with
the hearing, the case of State VS..
Hackett P. Rennie was then taken up.
This action, like the one that pre-,
ceded it, was for assault in the first
degree the prosecution alleging that
on the night of March 27, 1908, the
defendant did wilfully, maliciously and
feloniously make an assault upon one,
Tom Solomon, by shooting him with
a revolver with the intention OF taking
his life.
After a number of challenges, a
jury was finally secured to try the
case in the following men: G.
Hoppe, G. D. Camp, F. R. st. John,
e. p Searles, Frank Scott, j. J. Nc
Cormick, w. G. Williams, Thomas E.
Keithley, J. M. Ramsey, w. F. Snyder,
W. M. Ames and M. A. Arnold.
Six witnesses were examined on
each side. The defense admitted the
shooting, but pleaded self-defense in
justification. incidentally, it was also
sought to make it appear that at the
time of the commission of the assault
the defendant was so drunk as not to
be wholly responsible for his acts
This, of course, was not legal de-
tense, but it was skilfully worked in.
The greater part of Wednesday and
up till noon of yesterday was con-
sumed in trying the matter. At noon
the case was finally submitted and
the jury retired to deliberate on ver-
dict. Shortly after 3 O'Clock a rap
on the door of the jury room sum-
moned bailiff and the jurors an
nounced their agreement
Judge Loud had gone to the races,
having adjourned court until o'clock
this morning, because not enough jur-
ors were on the panel to try another
case until the one pending had been
disposed of. His honor was summoned
by telephone and in few minutes
put in his appearance and received the
verdict 1t proved to be one rather
unusual. The defendant was found
guilty of assault in the third degree,
and with the apparent desire to place
it beyond the power of the court to
punish him by Imprisonment, the jur-
Ors stipulated that the defendant be
fined in an amount to be fixed by the
court
Saturday morning at 9 o'clock was
fixed as the time for pronouncing SEN
tence and the defendant was permit
ted to go on his original bond.
County Attorney Harris was assisted
in the prosecution by c. B. Nolan of
Helena, but not without objection from
the defense. The court overruled
their objection and granted 20 days in
which to prepare and file a bill of
exceptions.
H. A. Firth and w. NJ. Johnston ap.
peared for the defendant.
Morris Pleads Guilty.
1t had been arranged to take up the
case of State VS.. William H. Morris