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II. I.I H ...... HillThe preliminary examination of Maggie Dowty. charged with tin- murder of Patrick Tierney at Cokedale on the evening of Xovemlier 17th. was be-linn before .Justice liosford Wednesday afternoon, pursuant to adjournim n taken November T'th On the latter date the c ise was set fora hearing, but owing to the absence of \V. I’. Dowty, the hustianil of the accuse'1 woman, who was alleged to lie an important witness for the ilefeuse, the examination was postponed for a period of twenty days with a stipulat ion that it miirht he called up bv agreement of attorneys ill any time when the attendance ol Dowty could lie secured. I’rtor to that date Dowty disappeared on an errand to Trail creek. He never appeaared at that camp, and nothing has since been learned of his whereabouts. When the ease was called Wednesday afternoon by limitation of date of adjournment no service had lieen made u|miii Dowty and the examination proceeded without his evidence John T. Smith appeared for the defense and County Attorney-elect 11..I. Miller represented the state. Hy agreement thd evidence taken lieforethe coroner's jury at Cokedale on the 18lh • f Noveinlier was introduced and read in evidence for the prosecution, that being the only testimony offered hy the 1 state.'J’he defense then ii.tr.winced witnesses I for the purpose of establishing the al-! Icged insanity of the defendant at the 1 time she shot Ticrnev.I Mrs. Elizabeth McDonald, mother of defendant, was the lirst witness called.| She testified to the changed condition ' of her daughter after her marriage to W.| P.}Dowty on the 27th day of last. June. Her daughter since that time had ap-! peared greatly changed, frequently coming into witness* house and going out again without speaking: sometimescoming in one door and going directly out at another. Her daughter had been sick in July and Hgain in August, on both occasions being delirious. She imagined she saw lizards und other animals from which she seemed anxious to escape. She had seemed troubled in her mind after her marriage. Witness also testified that she knew Tierney in 11 bis lifetime and that on one occasion she , met him leaving her home w ith scratches \ upon his face: that Tierney explained j that he had been com|elled to chastise her daughter. Witness further stated r | that upon her arrival at home her daughter appeared excited and told her i that she would show Tierney that he / ' could not come around ami bother her any more. Khe also testified to the in-j I sanity of the grandmother of Maggie , Dowty. a condition in which lshejafttr-. | wards died in Scotland.'•' Robert McDonald, father of Maggie Dowty, testified to the changed mental , eondition of his daughter after her h iiiHrriafc'V and corroborated the testi-’ : mony rei.-.ng to the insanity of his mother.I Dr. Murray, the company physician at- Cokedale, testified to his acquaintance -1 with defendant. Had visited her on 1 several occasions in a professional capuc-p ity, once in July and later on the 25th of i. August. He corrolxirated the mother ofdefendant as to her mental delusions ~ upon both occasions, lie believed that . Maggie Do vtv was insane at the time she shot Tierney. He based his opinion '■ upon bis knowledge of betas her pliysi-I cian, iib well ius u|i»)i) her subsequent uc tionj indicating a lack of fear of the consequences of her act.An adjournment was then taken until [. Thursday morning, i Upon resuming the examinationII Thursday •morning. Dr. W. L Sbawk of p this city, who for two years was company t physician at Cokedale as predecessor ofDr. Murray, testified to his acquaint-1_ mice with defendant lie gave it as his y opinion, from observation of defendant- during the two years in which he saw I- her almost daily and her conduct at |' this time, that she was insane at the k, time she shot Tierney. He reached that• conclusion from her remarks just after the shooting when she said, “I have shot Tierney, and if the sheriff wants1 me he can hnd me here.” This he be-s lieves indicated insanity, as a sane per-I so i realizing the responsibility for the ^ act would have desired to escape.B This closed the evidence for defense, il and Justice Hosford announced that he ■I would hold defendant to answer at the* next term of district court without bail. She was accordingly remnnded to thed custody of the sheriff ami returned to the county jail. Jt, is rumored that an effort will be j made to secure bail for Mrs. Dowty by ,f application to the district court for a n writ of habeas corpus at as early a date it as practicable after the transcript of the *: justice's court is certitied to the district »-, clerk.
Newspaper Details
The Livingston Enterprise
Livingston, Montana, US
Sat, Dec 24, 1892
Page 3
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USA 17 Mar 2024
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