The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-29

have been an offenhe against q life. It has
not been shown that this child had life nor
was it an ofense against the life OF the
woman. because she has stated she wished
the abortion committed. Mr.: bulhfd here
dwelt on the language Of the statute, which
reads that an abortion is q criminal o6ense,
not when the woman is pregnant. but when
there are evidences of life. He argued that
such evidence had not been introduced by
the prosecution. He quoted from numer-
GUS authorities to elaborate this point. He
said: 1T is necessary for the state to also
prove that the abortion was not done for
the preservation of the woman's life. Their
case must fail if this is not shown. No
such evidence has been introduced or limited
at. Upon this proposition alone We might
submit this case and ask for the discharge
of the defendant. The Mccartney woman's
evidence showed that she was incompetent
to testify and that her testimony was un-
worthy Of belief. She contradicted herself
without excuse. She testified that she knew
nothing about her affection with disease
and afterwards said that DR.. Owings, Of
Deer Lodge, told her she had the disease.
suits following the alleged abortion. The
prosecution has failed to show circum-
stantial evidence consistent with the
charge. Mr.. Billiard here reviewed the
testimony Of Miss Mccartney. He said the
testimony of DR.. Menshall verified the
Uu0OIy UudG VU0 WOulhu COUlO uOt 06V0 U800
with child at the period named.
In replying, Mr.. Nolan first referred to
the proceedings of the medical board in the
cases against Dr.. Kellogg. He said by rea-
son of technicalities the sufiiciency or in
sufaciency of the charges against
indiotmsns against iss him s'sy Vas now IN IN
the archives Of the district court
The right Of DR.. Kellogg to practice medi-
cine in this community as reputable man
has never been settled.
challenge counsel to take the testimony
Of complaining witness and show she was
loose character. This man Jack Reed
gained her confidence, which he afterward
desecrated. There is nothing to show that
she had criminal relations with any other
man. challenge counsel to show contra
diction in hsr testimony, apparent or real.
Her testimony in her cross examination is
corfoborative Of her testimony in chief.
The position is taken BY counsel that no
abortion could have been committed with
out evidences of life. The statute clearly
defines the offense. We are working under
this expressed statute and not the common
law. There is clear provision that an
abortioa is an ofiense committed at any
from authorities to show that evidences
criminal abortion. He followed with
=! careful review Of Miss Mozart
news evidence. Continuing he said:
Il am inclined to think that the girl's
Of meaning to the doctor. The doctor
seemed to divine the nature Of the. trouble.
She begged him to perform the operation
to hide her shame. He did not say he
would not do it. He said he was not doing
that sort Of business. The evidence cer:-
tainly shows that he gave her hope that he
perform the operation, but he wanted the
money. HA anDANrn IN havA aakio0od him.
self that the girl was not sent there by an
other physician, We find him taking the
$76 and sending he: to Mrs. MCMILLAN not
knowing that she was suffering from any
disease, because thus far he said he had
made no examination. Without diagnos-
house. am inclined to think he has q
large practice and If he pursued the same
tactics a. in this casa, am inclined to
believe half the buildings in Helena would
BE- Allied with his patients. s1s
Mrs. MCMILLAN was then asked whom the
operation was performed. Remember that
not . cent was paid by Miss Mccartney to
Mrs. Mcmillan. The money was all paid TO
DR.. Kellogg, thus far showing the appear
ance Of combination between DR.. kellogg
and Miss Mccartney whereby her house was
made worse than lying-in hospital. The
patients were sent from DR.. Kelloee's office
to, the Mcmillan residence, where abortions
were performed. Tho testimony clearly
makes Mrs. Mcmillan an accessory. She
was present during the performance Of the
operation. Tho testimony against DR.. Kel
logg Is convincing and conclusive. The
testimony of Mccartney ID uncontradicted.
Mr.. Kinsley followed. He said: II think
the prosecuting attorney has made the
most Of very bad case. Dr.. kellogg 10 q
FREQ man ond will be for some time TO come.
The chapter of the statute under which this
Il. \ eB<~&A H. A.
lives and persons Of individuals" II 10
mot an offence against the woman for she
says she begged for the performance Of the
operation. Il 10 not an offence against the
child, for the existence Of the child has mot
been shown." Mr.. Kinsley followed With
much tho same arguments a. presented by
Mr.. Bullard. He said:
'All We have ID the simple statement Of
the girl that she vas pregnant. All other
symptoms wore entirely consistent with tho
condition 40 outlined by "a don't think
Mr.. Nolan will call the doctor Z fool
Now what sane man would have puE-
sued the course ~hich j. claimed BY the
an operation in the room ia the presence of
Mn. Mcmillan that would send him to the
penitentiary when he corid have performed
the operation ON the girl IN his o1aoe, II that
was his intentionf il Mr.. Nolan was an
e,s e. e Gs ss az as
mot produce his expert testimony to oontra-
dict the theory advanced by the de6ena4?
Unfortunate for the county attoxnsy, b
knows little or nothing about child birth.
Thoss OF ~ VINO are fathers know that no
woman ever gave birth TO child without
knowing it. Mr.. KinsleJ then quoted f1um
his library Of msdical authorities. Finally
at the sud of an hour he moved the dis
charge Of the dsfeadant. Judge 6andses
viii rsnder his decision q o'clock 70 day.
animation win b cantinaeA s:s s.