Ogden Sun | 1905-09-26 | Page 7 | Escapes the Gallows

ESCAPES THE GALLOWS soldiers life Is saved by a technicality helena mont sept 23 john tully a fort missoula soldier who two years ago in a alt of jealousy shot and killed john kennedy a fellow soldier was tried in the state court convicted of murder in the llast degree and sentenced to die upon the gallows but who secured a now trial from the court on tho ground that alic crime was committed on a military reservation hence tho bbate courts had no jurisdiction was discharged from custody in the united states court by judge edward whitson after till lys caso was removed to the federal court he was regularly indicted tor murder by the grand jury and his attorneys at once raised the question of the jurisdiction of tb court judge waltson sustains this point holding in effect that the place where tulley lall ed kennedy was on a reservation life twice having been in jeopardy he cannot again be tried for murder in the first degree