Omaha daily bee., 1903-06-07
BOYS FATE IN JURY'S HANDS
Young Edward slsttery Charged with KILL
ing Of h. N. Shaw.
PLEA OF sELF-DEFENsE IS RAISED
Defendant r. n Young Man of Good
CharRcter-TrREedy Arose out OF
= NeiEhbOr's ouarreI-De-
ceased Leaves Family.

o'NEILL, Neb., June 6.-(special)-No
case In the criminal annals of Holt county
has attracted as much attention or been
watched with as much interest, except per-
haps the Barrett Scott case, which was
tried years ago, as the case wherein Ed
ward Slattery, a boy IS years OF age, Is
being tried for his life for shooting and
killing II. M. Shaw on March 6 last.
Tho case has been on trial since Monday.
At every sitting OF the court the room has
been packed with men and women and sew
eral times those who wished were unable
to gain admittance. Great lawyers are en-
gagged on both sides Of the case and every
step is being closely watched and con-
tested. The state is represented by County
Attorney A. f. Mullen and r. r. Dickson
of O'Neill and Hon. N. d. Jackson of
Neigh, and the defense by Congressman
M. p. Kinkaid and NJ. F. Harrington Of
O'Nell.
Many legal questions have been raised.
but the one which was presented at length
and without a jury was the question as to
whether or not, in a criminal case where
the defense is self-defense, the defendant
can introduce evidence showing specific
acts of lawlessness and violence on the
part of the deceased, which acts were
brought to the attention OF the defendant.
The matter was argued for several hours,
but the court held that under the rulings
Of the supreme court of Nebraska the only
matter pertaining to or touching on the
reputation of the deceased was as to his
general character and reputation, as to
whether OF not he was a peaceable and
law-abiding citizen. The counsel for the
defendant were somewhat disappointed
after this ruling, as they felt sure that
they would be permitted to show any spe-
Ia 80. - ,to1onna n = Ia xulaaapaaa On thu
part of the deceased which were brought
to the attention OF their client.
Testimony at Variance.
Dozens of witnesses testified on both sides
and there is quite a variance as to what
occurred just before and at the time the
fatal shot was fired.
The defendant, Slattery, told a straight
forward story and was not at all shaken
by the very thorough and lengthy cross
examination.
He testified In substance that the. de-
ceased had frequently threatened to kill
him and that they had quarreled over a
line fence between his ranch and the de-
ceased's ranch; that on the day of the
shooting the deceased was crossing his
meadow; that II was wet and he was cut
ting It up; that he asked him to go around
another road; that deceased, who was driv-
lnB n lOuu VI nay was oNSOAR
Mr.. Thompson, who was also driving a
load of hay; that he got of of the hay
and commenced to call defendant all sorts
Of names and said to Thompson, who was
with him, Let US go and kill the little
-" and that both deceased and Thomp-
son started for defendant; that defendant
had his gun by his side and loaded; that
deceased came on a run toward him and
as he reached defendant he grabbed the
gun and. in the scuffle the gun was acci-
d~entally discharged and the load entored
the right breast of deceased, from which
he died. This was disputed by Thompson,
who testified that deceased was within
about four fNt Of defendant when he fired
} the fatal shot.
Leaves Large Family.
The deceased. H. w. Shaw, was about q
years of age. He came to Holt county
about 1882 and located on the ranch he
owned at the time of his death, Just south
of O'Neill. He leaves a wife and five chill
dren, the youngest being 10 years Of age,
The defendant, Edward Slattery, Is IL
years of age and single. He was at the
time of the tragedy living with his brother
on his fathers ranch, which joins the
Shaw ranch. Both men are well and favor
ably known in O'Neill and Holt county and
, belonged to highly respected families.
The arguments were very eloquent and
the counsel engaged in the case fully sus-
tained their regulations, Judge WestovoI
was commended for his Justice and fair
/, ness In all his rulings and in the instruc'
lions given in the case. The arguments
consumed nearly one whole day and or
more than one occasion the eloquent words
> of the counsel brought tears to the eyer
: of many present. Especially was this ~
of the last words spoken by M. F. Har
rington in behalf OF the defendant. At
} O'Clock the case was given to the jury anC
I the fate of the defendant is now in the
hands of the twelve men who were Sc
lected to try the case.