Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-12-16
JURY SAYS 1T
WAS MURDER
John Tully Convicted and the Sen
tenee Of Death Will Probably be
Pronounced Tomorrow.
HE KILLED THOMAS KENNEDY
The Defendants Attorney Makes a
Strong Plea Of self-Defense-
Woman In the Case.

probably be hanged for the murder
of Thomas Kennedy. After deliberat'
ing five hours and forty minutes the
Jury returned a verdict of guilty of
murder in the first degree. Judge
Webster will pass the sentence OF
death upon Tully next Thursday at 5
o'clock. Tully and Kennedy were
both soldiers at Fort Missoula.
The evidence having been all taken
yesterday. Judge Webster instructed
the jury today as soon as the court
opened.
County Attorney Hall then address
ed the jury on behalf OF the state. In
reviewing the testimony he argued in
support of the theory OF deliberate
murder committed through jealousy
He professed to doubt the testimony
of both the defendant and Mrs. Lille
Powell concerning the alleged quar-
rel between men about remarks pass.
ed by Kennedy in regard to Mrs
Snowten. The quarrel, he believed,
was about the fact that Mrs. Powell
had told Kennedy to get the key to
her house. which she had given to
Tully and that the latter, in a spirit
OF revenge for having been struck by
Kennedy in the presence of the wom'
an to whom he had been paying at
tention. got the rife, went to meet
Kennedy and deliberately shot him.
Kennedy. he believed, was walking
quietly along. with his arms hanging
by his sides when he was shot down
without warning.
Speaks for Defense.
Elmer e. Hershey for the defense
made an effort to overcome the evi'
dence of the state by dwelling forcibly
upon every detail that had favor.
able bearing upon the plea of his
client that the shooting was done In
self-defense.
The alleged threats of Kennedy
and the assault testified to by the ac-
cused and Mrs. Powell were recalled
and the testimony of the prisoner in
his own behalf that Kennedy again
attacked him at the time of the
shooting was referred to. The state,
he said, would have the jury believe
that Kennedy was on his way to call
on Mrs. Powell at her home when he
was met and killed by Tully, but no
explanation, he said, had been Offer
ed in regard to the fact that a rock
was in the dead mans pocket when
the body was picked up. This. coun.
sci believed, was proof of the intended
assault on the part of Kennedy. and
that he was hiding in the shadow
of the commissary building, waiting
for Tully to return for his coat and
hat, which had been thrown of dur
ing the first encounter. Had Tully,
he argued. passed close to the COM
missiary building, Instead of some
distance behind it, Kennedy, instead
of Tully. might now be on trial for
murder. AS il was, he said, Tully
passed some distance from where
counsel believed Kennedy was lying
III wall loi ullH, anu, as tnt idltcT du'
vanced, throwing the rock at the ac-
cused as he came at him, Tully drop
ped upon his knee and fired the fatal
shot.
Ridicules Theory of Defense.
The argument was closed by Mr..
Hall, who went rapidly over the plea
of the defendant counsel, ridiculing
the theory that Tully, after getting
out of the reach of Kennedy, still be-
lieved himself in danger and getting
a rife went back to meet his assail-
ant and killed him in self-defense.
The usual Doubtful compliments ex.
changed by lawyers in criminal cases
were not entirely absent from the ar
guments, but we're not pronounced or
The jury retired at 11:40 O'Clock.
One Of the peculiarities Of the trial
is the fact that in selecting the jury
neither side exercised challenge.
Only fourteen jurors we're called. The
two who did not serve were excused
because of admissions of opinions
formed.