Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1903-06-11

DR.. Murphy, of New Rockford but at
the close of his examination admitted
that under the circumstances of the
case DR.. Murphy did all in his power
and all that could be done under the
circumstances and that there would
have been no death without the gun
shot wound and that in his opinion
Richard Cahill would be alive at this
time had it not been for the revolver
shot of and by William Cahlll.
Little Johnnie Cahill, the son of the
defendant, was examined in behalf
of his father and on the direct exam
inaton told straight forward story
which clearly vindicated his father
for the crime which he had commit
ted. Justifying him to the fullest
extent but unfortunately little John
ME had testified at the Cahill inquest
held few days after the crime oc-
CURED. That testimony remained
fresh in the memories of the states
attorney who conducted the examin-
alton, the stenographer who took
the same down, and the coroner and
his jury. The coroner and jury went
on the stand and testified to what
little Johnnie said three days after
the shooting.
On the cross examination little
Johnnie said his mind was freSher
three months after the shooting than
it was three days after and his testi-
mony weighed but little. Then came
the wife of William Cahill, the moth
er of his family, and she testified like
little Johnnie to things sufficient to
more than vindicate her husband on
the ground of self defense for the
shooting of his brother, Richard, but
unfortunately for William she had
talked considerably for two or three
days after the shooting and before she
had seen the, defendants attorneys
and so many Of the good citizens came
on the stand and told her cOntradic-
tory statements that her testimony
fell by the wayside. Then came the
the defendant himself upon the stand
and corroborrated the statements of
his wife and son on their direct exam
ination, clearly justifying himself in
the killing Of his drunken brother in
self defense of his own person, stating
that his brother had hit him on the
head, neck, arm and finger with a
sling shot, causing him great pain
and suffering and great fear of the loss
of his life and that he shot him and
that when he shot him he did not in
tend to kill him only wanted to scare
him away and that he was a bad
character anyway. On cross examin-
alton he::could not stand the fire of
the questions and they elected an
swers which burned holes through
his testimony as well as that of his
wife and son. On cross examination
he stated that when he began making
statements as to how he shot his
brother Richard, that he was, or
became, demented and Remained so
until March 3rd, and was not aware
of the many conflicting statements
he had made until as it appeared on
or about March 3rd, his attorneys ap-
peared upon the scene and from then
on he told the story which he gave
upon the witness stana At this
point IN their defense the defendant
announced that his case was all in,
then the rebuttal OF his testimony
came. Witness after witness testi-
fed that the defendant had made
many statements to as many different
persons which conflicted with the
testimony he gave in direct examin-
alton on the witness stand. Like
wise as to his son and wife, likewise
as to his being in demented condi-
tion, so that finally after the examin-
alton of about IS witnesses and week
spent in the trial of the action, the
case was given to the jury by Judge
Glaspell at two O'Clock Saturday af-
ternoon, and as compliment, yer.
dict of manslaughter in the first de-
gree with penalty Of ten years behind
the bars at Bismarck was handed to
the defendant, William Cahill.
The case was one of the hardest
fought cases ever held in this county.
Every inch of the ground was con-
Tested. The general prediction before
1.-THE trial was that William Cahill
would get free as he had engaged the
best attorneys and legal talent in
! the state and the bets were rather