The Helena independent., 1893-03-11
THE NAME NOT REVEALED
Dr.. E l. Kellogg Refuses TO Throw
More Light on the Fur
mace Case
Does SO by Advics Of Counsel on
the Plea That It Might
Incriminate.
LeaAl Question Submitted to Judge II unit
Tho Evidence Adduesd 1hursday
and Friday.


Tho Evidence Addacsd Thursday
and Friday.
The coroner's investigation into the cnse
of the body Of the infant found in the Ma
sonic temple furnace was resumed ycster-
day. The co,oner. after the adjournment
yesterday. said he saw no reason why tho
public should not be advised OF what had
bsen:elicited at tho hearings Thursday and
yesterday. and IN examination OF the owl
dsnce on those two. days shows tho follow
ing proceedings. As stated in yesterdays
ISDEpENDENT the first witness on Thursday
was DR.. u. l.. kellogg. On Wednesday In
his testimony he admitted having thrown
the body into the furnace, saying there was
nothing criminal in the act. nor was tho
body tho result Of any criminal operation.
He declined to aivs the name of the lady
in the case on the ground that he did not
want her to become a subject of gossip.
and not because il would incrimnate
himself He agreed, however, to see
the lady and endeavor to got her con-
sent to tell who she was. and wns given by
the coroner until two p. nj. Thursday to do SO.
Thursday the docter testified that the lady
haG refused to allow him to use her name.
unless no could not avoid doing so, and
under any circumstances not until he had
seen her ngnin. The room was cleared at
this point, and the doctor said he was not
unwilling to answer the question SO far as
he was personally concerned, and that IL IL
became necessary to do 80 in order to
remove tho cloud from him, he would tell
all the facts in his possession. The jury
then agreed that il DR.. Kellogg would tell
The coroner the name OF the lady. and would
satisfy that official that the operation was
such as he claimed. they (the jury)
would let tho secret of the ladv's identity
Pemain with tho coroner and Dr. Kellogg
and would ACCEPT as true the coroner's
statement that tho doctor was free from
any suspicion in the affair. This PROPOSE
lion both the coroner and the doctor agreed
TO. the latter. however, saying he could not
romise positively that be could do all he
lor and Coroner Peasants should meet at
noon yesterday, and the former would take
The latter to see the lady.
Other testimony given by DIR. Kellogg on
Thursday was to tho effect that he knew he
had been watched and that on Wednesday
the first day Of the examination) he had
gone to Mrs. Mills residence on Eleventh
hvenue, whore he had patient whom he
was treating for female complaint. with
The intention of telling her to remain where
that when he got there he found she had
eft. He thought she had gone to Elkhorn,
where he understood she had sister.
Yesterday when the investigation was re-
counsel, j. W. Kinsley. The coroner
stated that he had met Dr.. Kellogg accord
ng to the agreement of the day previous
and that the doctor told him it was not pos
sible for him to take him to see tho lady al
eyed by the doctor to be concet ned in the
case. Under the advice of the county at
orney the coroner then asked DR.. Kellogg
he would reveal the name OF the lady
whom he alleged was concerned in the case
The doctor refused to answer the question.
his minutes that he refused by advice of
bis counsel on the ground that to answer
hay incriminata him. Quite an argument
hen ensued between Col. Nolan and Mr..
iinsley as TO whether. in view of the tes
imony of the doctor on two previous days.
hat he did not refuse to testify because it
would incriminate himself. he could change
tont, and give that ns reason for his re-
usal. The coroner then asked DR.. Kellogg
he would tell tho corone- such facts
make his answer the question would tend to
riminate him. Mr.. Kinsley made. for DR..
Kellogg, the following reply: "Dr. Kellogg
8 not able at this time to furnish proof Of
II the facts and circumstances relating to
his case. and a statement of q portion of
he facts, or such as he himself may be
BILE to state. without positive knowledge
t this time, OF his ability to prove other
acts. His statement. unexplained could
be contradicted. in chief, and thereby
Enture Of nm admission which would in
Iriminate."
The county attorney contended that DR..
Kellogg could be committed for contempt in
efusina to answer the question; Attorney
kinsley argued the other wav. and it was
lecided to submit the question as to whether
Dr.. Kellogg should be compelled to answer
he question to Judge Hunt. The investi-
Eation was then adjourned for one week.
N Thursday was Mrs Preoilia Mills. living
IN Eleventh avenue. Her testimony was to
he effect that DR.. Kellogg was her regular
amily physician and had bsen attending
Ter little girl. In reply to u question bv
octor had sent to her house female
PATIENTS, whom he WAS treating. In reply
o another question the witness snid Dr..
Kellogg had visited her home for the past
week, two or three times day, to prescribe
or her little girl and to visit patient he
female complaint. Asked the patients
(ame the witness at first said abe did not
fnow: but said afterwards she believed ii
vas Miss Erickson. Asked as to when
hs .a last time i'm ths ns,,o patient was Wis
Wednesday the doctor had called
see her two or three times. She said the
octor did not tell her tho house was
rntched. but she had an idea ii was. She
aid she did not know where the girl was;
hat on Wednesday, afternoon she had left
he house saying she was going to visit
riends; that the witness had gone ns far as
wing street with her. and had there left
er. She also testified that the Rtrs vslise
vas still at her house. She was positive tho
irl was at lenst 30 years of age.
Another witness on Thursday WAS John
'rey, sanitary inspector. He testified that
n Monday the secretary of the board OF
ealth had sent for him and told him to in
estignte the case Of the body found in the
lasonic temple furnace. "Tuesdnv," said
be witness, II began wo,k and followed
)r. Kellogg on his rounds. About 1--WE
clock in the afternoon went to the Mills
ouso on Eleventh Rvenue. where DR.. kel-
pgg had called in the moining While |
'as looking around the yard. Mrs. Mills
boxed out of the window. told her was
he sanitary officer and asked hor il there
las any contagious disease in tho house.
he replied that thero YVES not, and then
sked her what was the matter with the
oung lady who was sick therc. She re-
lied that there was nothing much and
aid would like to see the young lnJy.
he let me in the kitchen door. and while
inited in tho kitchen she went into the
eurCOm. Returniny Mrs Milla toIt nm T