The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1910-11-25
MCMAHON TRIAL
PROGRESSING RAPIDLY
State Gets in All Its Evidence Yes.
terday and the Defense to
Finish Today.

Sturgis, S. D., Nov 9-The trial
'of the case OF the state against Mrs
Nellie Mcmahon for the murder o.
Attorney David p. Thomas before
Judge Rice is proceeding quite rap
idly. The jury was secured yester-
day afternoon at 2;30 ana is com
.posed of the following gentlemen
w, j. jackson, John Monheim, S. /.
Monroe. Gilbert Robinson. Cary
Baker. j NJ Jenkins, William Mont
gomery, Joseph Chapman, John Sui
livan, Ed. keiser. Fred Rorsch, e.
NJ. Cram. The members of the jury
come from all parts of Meade coun-
ty.
Upon the completion of the jury
the state began submitting its evil
dence, which they had all in by 5
O'Clock. The witnesses examined on
the part of the state We're the fol-
lowing: Isaac l.. Andrews, Henry
Claus Wulf, Arthur j. Smith, Simeon
S. Weber, Jos. Abrams, NJ. j. Kir-
per, DR.. J. w. Swafford and DR..
Richards. The evidence OF these
gentlemen brought out no new facts
beyond what has been previously
published in relation to the killing
of Attorney David 2. Thomas by the
defendant woman.
Kirper and Anderson were in
Thomas office when Mrs Mcmahon
! entered, at the time of the tragedy,
but the latter Immediately left the
room and did not witness the kill
ing. Kirper, who was there when
the defendant fired the fatal shot,
said she came into the office and APP
preaching Thomass desk said: Il
want you to vacate this building or
words to that effect. Before Thomas
WHO was seated at his desk, had time
to reply. she drew the gun and shot
| him dead. Thomas never spoke
from the time Mrs Mcmahon enter
ed the room The other witnesses
testified to circumstances before and
after the shooting, but there was no
evidence introduced that the defend
ant had ever made any threat to kill
| Thomas.
The prosecution is being con-
Quoted by States Attorney John T..
Mick.
The defense is in the hands Of At
Itorney Harry p. Atwater of Sturgis
and H. X. Gardner OF Huron.
The deferse began submitting its
testimony when the court opened
this morning.
Attorney A. K Gardner made the
opening statement to the jury and
outlined what the defense would be,
that OF temporary insanity, brought
on by persecution by Attorney
Thomas, the man who she shot.
A sister Of Mrs. Mcmahon living at
Chicago, was on the stand as the first
witness and told Of her nervous con
dition.
Mrs. Hennify, who was with hel
, on the morning of the tragedy testl
I fled that they went down to take
possession of the Office. They haC
. arranged to take a lunch and were
to remain there during the moon
hour to retain personal possession
and were going to insist on making
Thomas vacale. They took a re
oil fy,, r,tn
, DR.. Richards was on the stand a.
/ the next witness and testified to tn,
condition of the woman mentally a
, the time of the tragedy. He statet
that she had been rendered in a yer.
!, nervous state through nursing he
, husband through his illness and hi
subsequent death had bearing OF
her mental condition, and then sh
had afterwards nursed a typhoid pa
: tient and lost the sight of an eye OF
that account. She also herself SUI
fever and at the time the TRACED
occurred was in state OF almos
mental collapse.
The testimony on the part Of tn
defense will not all be in by tomor
row night, as there are several wit
nesses to be examined and the cas-,
will not go to the jury before Mon
day.
Oscar Jacobs arrived from thu
penitentiary at Sioux Falls and WI
have retrial in December for th'
murder of the Roberts girl, the mil
liner, a year or more ago. He wat
convicted but appealed his case ant
was granted new trial