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TRIAL OF J. J. KENNEDY,For the Killing of Thomas H. O'Connor at Griff Crack, June 21, 1879.Territory vs. J. J. K.au.viy- Indicted for murder !uthr DrM degw.I The Indictment sets forth that at Griff Crcek.Deer Lodge county. M. T.. on the Sat day ol June, lift*. Jooepb J. Kennedy did premeditated I V and with mal ice aioiothougbt shoot nnd mortal!? wound Thomas II. O’Connor and that O'Conner died ol paid wound la Iocr Lodge, July SB. 1879.O'Conner had borrowed money of Kcnnwlv and had given him a mortgage on certain atock. Oa the day of the shooting Kenned? went to where the stock was near the O’Conner Mill nnd started to drl?e It aw*?. O'Conner, w hs had been at Deer Lodce.retarocd aud reached the mill about the time Kennedy returned with the stock. This waa the situation when Ihc evidence begins.)The I’rosecullou In tba cam la coodncted by A. K. Mayhcy. Kaq., District Attorney. The Defense ia conducted by Hiram Knowles nudJ.C. Robinson. Rsqs; W. V. Sanders, Esq.. reUiued for the Defense but not present.The case was set for trial last week. Two regular venires were exhausted nnd one special venire called before obtaining it jury. At 9.50 a. m. Tuesday. April »Kh. tba jury was awo-n to iry the cauae, and Mr. May hew at oace o|«-i*d t lie cam for the proseen-tlou.The witness#* for proaecation and defense were then, by desire of counsel on botlt sides, called .sworn and Instruct'd not to be present In the Court room until all the evidence had been given in this ca-e.Following Is the jury empaneled : Lee Montgomery. Alexander Wight, Chailea Brown. Junes B.David Danforth. Harvey S Shower*. M . A lienry Omi'Io, Joseph McDonald. M. V. Ji Hugh O'Neill. Samuel Mawu.TIIK PBOSKCt'TlON.William II. King sworn—Know defendant. ki»sw O’Conner, deceased. Was present at the time of shouting. I was eating dinner when Kennedy came along going np the valley. A short lima after he re turned with the burses. K. nsked ine who had poa-lon of tbs cattle. Told him I bad. He wild go unyoke them, I told him I wouldn't do it.’ or ••wouldn't do anything of the kind. K. saUi he didn't w.nt auyhciy to work for him without par. lie then went toward the cattle across the branch. O'Connor came up. met him. aud turned the horses back across the bridge O'C. thru got off hia horse, gave biro to me and told me to drive the horses to the pasture. Idldao. I had gone 800 or 400 yards above the mill when K. overtook me aud said be had a legal right to tiike the stock and wits going to take It. I told him to take It and went hack to the millWhen 1 got there O'Connor was having a horao sad died, he asked me why I did rot go oa with the horses. I repeated what K. had said aid told O'C. I bad gives them up to K. O'C. got ou his horse and told me ts eo with b»m and help put the horses In the pasture Went with him about »)0 yards where wr met Kennedy driving the horses buck tow aid the mill. O’C. lode up taring Kennedy, and I rede off up the side of the mountain after two horses. O'Connor said to K. •'not to take them horses away from therw. K said he would: lie had a legal right to tak; them. O'C. pot within about ten feet of Kennedy; K. fired at O'Connor. He thin find second shot. O'C. arid * not to shoot; I could not hear distinctly; understood him to my that. K. fired again. O'C. jumped off hla hoise and started to run. K. rode up within 6 feet of him and fired the fourth shot. O'Connor fell. K. rode np alongside of him, checked up hia horae a half second aud then lode ou down toward the roll'. I got ahead of him nud told wmo of the beys K. had ahot the old man. 1 wont down to the shop. Some o! the boys stopped Kennedy. 1 then went back to where the old mvs ?ras. Then I was told to go back with same others to get a door to carry the old man down home on. Went dow n; got door; helped carr? the old man home. A man named Cagen had Kennedy In charge. When Cagen nr rr-ted K. he took him up to where O'Connor laid. W hen vre carried the old m.nd urn Cagen brought K to the shop. Some of the boys w;otuptO the pisture after horses. George Ilinton took the pistol itwsy from Kennedy. Wh«u the horses »-lt;•«• brought down. Bill Martin and I brought Kennedy to Deer Lodge.Examined bv District Attoraey-The cattle were l. k...______ .1..... ....I t.Ai... In full
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The New North West

Deer Lodge, Montana, US

Fri, Apr 23, 1880

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