The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-05-05
It'd BE HANGED.
Gus -Afber- Convicted Of Murder i'm the
First Degree at New Orleans,

The arrest Of Matt l.. Fleurv. alia
Gus .Albers. by Deputy United State
Marshal Tom Smith. on the north sid
Of the Yellowstone. al the Hatchet rancl
c Is still fresh in the minds Of everybody
and Hls return to New Orleans followe,
as mentioned in these columns.
Tn the 18th Of April he was put on
trial before Judge Ferguson in section \
OF the New Orleans criminal distric,
court. and the testimony given in by
the prosecution regarding the cowardly
murder OF Mrs. Wyman was the same as
already given. being simply to the effect
that Albers met Mrs. Wyman and upon
her refusing TO Withdraw a charge of
theft which she had made against him.
the prisoner shot and killed her. in the
presence of her children. on the public
highway. making good his escape.
The New Orleans P~icavune on the
9th ult.. gives the following as the de-
Tense made by the prisoner.
The defense then opened by calling
Edward Wyman. a nephew of the hus-
band Of Mrs. Wyman. He testified that
ne had known .Albers for about Is wears.
lie was asked whether he was present
when the accused received an injury on
the head.
Mr.. Adams, for the state. objected on
the ground that it was ~irrelevent testi-
mOny.
Mr.. Luzenberg said he proposed TO
put the case Just as it stood. He expec- |
ted to prove that the injury had elfec .c7 /,
the man $ brain and he proposed to es-
tablish the fact for the benefit of the
jury.
Judge Ferguson thought the facts
be admitted. and SO he ordered.
Continuing. the witaass s.l. he ac-
was thrown from a cart and rendered
unconscious for an honr or SO. Could
not tell what doctor attended him.
On cross-eyamination witness said fis
al he knew was that .Albers was throwl
rom the cart and rendered unconscious.
Dr. ". IL. Watkins testified that abb.
years ago he had attended .Albers for
m INJURY to the head. .Albers was
ms mothers house at the time: foun1
haf the skull had been fractured. Wit
less h%ereupOn examined the prisoners
read and recognized the scars as those
the injuries he had treated. Several
ears after he again treated him for an
bscess: where the wounds were located /
he brain had not been greatly excited. ,
nut in animals it had been found that ;
n INJURY IN snch a place made them d
lore inpulsivn and cycitahle. q
Cfoss-eXamined. Did not remove any
I the interior plate Of the skull: remem- !,
cred the case becauseof it's seriousness: =
was no indication of any mental I
curing the time of his entire "
.'eaflnent: there was nothing in his con .
uct 10 indicate that he was suffering
om brain trouble: it was in 1855 or .
So that he treated .Albers for the alb (
'ess which had formed over the wound. Il
DIR. r.. ID. Beach testified that he had
zen a practicing physician here for
any years. and coroner for two terms;l.
here Albers was hurt was the seat of Il
le intellectual. moral and r%everential h
Cnde cross-eXamination he =,
Id an injury to the front of the head
Duid not hurt the brain unless there p
as compression. "
The prosecution introduced two ex- "
'rts to prove that this would not. in all a
obability. affect .Albers' mind. and the W
Sc cent TO the jury. d
After being out half an hour the iur- to
5 came back into court and returned a az
rdlct of guilty of murder in the first W
gree. The defendant was then re- a
snded 10 await the fixing of a day for tv
execution. re