Address to the Jury, 1889 April 26  PDF

Overview of the Collection

Creator
Burleigh, Andrew F., b. 1858
Title
Address to the Jury
Dates
1889 April 26
Quantity
1 item
Collection Number
Collection 0668, MtBC, us (collection)
Summary
Address To The Jury is Andrew F. Burleigh’s address to the jury describing Mrs. Strong’s shooting of William P. Houx. Burleigh describes Houx’s flirtation, threats, as well as the technical definition of first degree murder based on malice aforethought.
Repository
Montana State University Library, Merrill G. Burlingame Special Collections
Montana State University-Bozeman Library
Merrill G Burlingame Special Collections
P.O. Box 173320
Bozeman, MT
59717-3320
Telephone: 406-994-4242
Fax: 406-994-2851
spcoll@www.lib.montana.edu
Access Restrictions

This collection is open for research.

Languages
English


Biographical NoteReturn to Top

Andrew F. Burleigh was born on January 7, 1858 in Pennsylvania. He moved with his parents to Yankton, South Dakota in 1861 and, following his graduation from the University of Iowa in 1878, practiced law there until his move to Miles City, Montana Territory, in 1881. He worked in private practice until December, 1883 when he was appointed district attorney for the territory's first judicial district. In December, 1888, Burleigh and two other attorneys were retained by Peter V. B. Strong to defend him against a murder charge. Strong and his family had lived on a homestead claim on Hawk Creek northeast of Billings, Montana with the family of William P. Houx in early 1888, but left after Houx became too close to Mrs. Strong. On December 16, 1888, Strong shot Houx to death in front of the Strong family cabin and claimed during his preliminary trial that Houx had threatened his life several times before the fatal visit. When the trial took place in Billings in late April, Burleigh's strategy was to claim a justifiable homicide defense for his client and delivered an address to the jury on April 26, 1889, detailing the case. Strong was found not guilty the following day.

Content DescriptionReturn to Top

The Burleigh address to the jury is a typed legal argument, with handwritten corrections, describing the technical definition of first degree murder based on malice aforethought. After giving details the flirtation of William P. Houx towards Mrs. Strong, Burleigh describes several incidents where Houx threatened to kill Strong or his wife if she would not abandon her husband and go with him to California. The conclusion argued by Burleigh, and subsequently accepted by the jury, is that Strong's shooting of Houx was based on his reasonable expectation that his life was in danger.

Administrative InformationReturn to Top


Names and SubjectsReturn to Top

  • Subject Terms :
  • Forensic orations -- Montana -- Billings
  • Murder -- Montana
  • Trials (Murder) -- Montana -- Billings
  • Personal Names :
  • Houx, William P.
  • Strong, Peter V. B. -- Trials, litigation, etc.