The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-02
Another Motion for Dismissal Of the
Kellogg Case Heard Before
Judge Sanders.
Mr.. Kinsley Gets Very Mad and
Roundly Abuses the
County Attorney.
He Thinks Mr.. Nolan Should Apologize to
Miss Neutrality-suspicious.
Hearing To-Day.

| AAV AAOS4OSS Vd0o OCCupl0U tu0 VAAu0 Va
Judge Sanders for two hours yesterday at
ternoon. The proceedings came up on Mr..
Kinsley's renewal of a motion to dismiss
the case. Those present were Mrs. McMil-
Ian. County Attorney Nolan, Mr.. kinsley
and few spectators. DR.. Kellogg was abb
sent for the first time during the proceed
ings.
Mr.. Kinsley opened the argument. He
said that in so far as the testimony went
the woman stood alone and her evidence
was not corroborated in any way. Here
Mr.. kinsley depressed for moment to ex-
plain thai the word government for the
prosecution came from bis association with
legal terms in Massachusetts,. Continuing
the argument. he said: ''The doctor from
Deer Lodge does not know whether the
woman ever came to Helena. The evidence
of none of the witnesses connects the de-
PENDANT with the commission of the alleged
ohense. Mr.. kinsley produced several
coards of legal authorities. The line of his
argument was soon seen. He said
the complaint on file against
the Mccartney woman charges her with
voluntarily submitting to an abortion and
thus becoming means for the commission
of the alleged offense. There should be
some proof rs to what the defendant did
and how he did it, and in order to hold him
the woman's testimony must be corrobor-
ated. Under the statutes the defendant
could not be held upon the uncorroborated
testimony of an accomplish. The complaint
was evidence that she was arrested as an
accomplish. The Mccartney woman did
not venture to say that DR.. Kellogg agreed
to perform an abortion. It does not lie in
the Judgment of this court nor with the
plice. The Woman was placed under arrest
and was obliged to come into court and
otter testimony that would incriminate her
II che had committed the crime. The testi-
mony could only be competent as confess
sion. There was nothing voluntary about
the eonfeSsion. &5 t$ &s
MI. Nolan's reply reply was very brief.
He did not think the officers of the law
had transgressed their duty. If the woman
was guilty of no otfense she could not be an
accomplish. She is not guilty of any offense
under the statute Mr.. Nolan quoted from
the laws Of New York. New Jersey and
not the accomplish. but the victim. Her
testimony alone was entirely sufficient I'M
der these circumstances to hold the defend |
ant.
Mr.. Klnsley's wrath arose. He grew red |
IN the face and for moment found some |
S.xAA.SuAey "a 0AbWoIAuKs Ilually ne 6A10: |
II have heard many nsryy arguments and |
have seen many audacious things in cases, |
but nothing like this. To what degreda-
ton has the law descended when the prose-
outing attorney will produce authorities
showing that the woman is not an accom-
Plice when warrant has been issued for
per arrest as such. If he knew the law to
% as ne says; what protection has any clti-
zen from arrest at his pleasure. It is such
2 transeression as never heard Of. It is
me most high-handed outrage that ever
heard OF on any man or woman. I say it
vas cowardly for the county attorney to
shield himself behind Milt Witten because
20 would not swear out the complaint. The
, 20 and the county attorney have made
ms woman IN accomplish and the county
attorney has apologies to make to this girl.''
MI: Kinsley then wanted to know # the
'ectsion could be Immediately rendered,
mt Judge Sanders said that he would take
he matter under advisement and hand
Town decision at II O'Clock this morning,