The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-09
THE KELLOGG CASE.
A Little Mere Argument and NJ WIN he
with the Court.

A Little Mere Argument and NJ WIN ne
Win the Court.
The Kellogg appeal case will 20 before
Judees Hunt and Buck after about twenty
more minutes devoted TO the closing sfgu-
n.nt for the appellant this morning..
when oouft met yesterday Lawyer Walsh
moved for eontinuanoe 10 enable the de
Tense 90 produce Mrs. True. He said his
sids had been under the impression that
the state would attempt 10 prove that
while such an operation had been per
Termed on Mrs. True, yet she babv In the
case wna not hers. The state. however, had
introduced evidence 20 show that no such
operation had been performed on MIS-.
True. For this season the defense essirsd
10 produce her. The court denied the re-
quest fer continuance, saying she defsnss
had had ample tins 20 procure that VIII
ness.
The lady Who kept the house where Mrs..
Tue lad q room al the time OF the ALLEGED
operation was = witness yesterday. she
vas certain such thing could not have
taken place in the houss without her know
ing something Of IL. Another important
point In her testimony was that MIA True
did not leave the house until March 70,
rrior TO which time Kellogg had told the
corohsr's jury the woman had lsft she state.
In reading she Newspaper reports OF ths
! .
the matter. Ma True had never inhmsted
or shown any signs that she was eonlseted
with the matter sheriff Cuatis testified 90
True and his wife expressing willingness so
come 90 Helena for the trial. Deputy
Sheriff Wade. who was a. the Helena end OF
the telephone when 10 was alleged that the
Trues we're told BY The county attorney that
they need nos come 30 Helena. was put on
the stand in relation 30 that matter. He
testified that he was instructed 20 tele-
phone to hissoula, You need not GENE to
Helena" and also 20 the eject that "fou
will not be needed" lie Wa quite certain
be had not tslsphoHsd thsm not TO come
Monday"
LAWYER Walsh, for the dsfsnss. In sur
rebuttaL called COunty Attorney Nolan TO
the witness stand. He was being ques-
stoned 80 80 who called his attention to the
body. Judge Hant wanted to know what
the Offices Of this Was. Lawyer walsh said
10 was 60 renew the contention that the in
vsstigation was iAstiaatsd By Drs. Q. X.
Cels and w. 81. Ballard, and that saeh be-
ing he ease tksy were incompetent 10 set
Ia the proceedings before ths medical
board. The county attorney started to
explain that Drs. Cole and Ballard had
nothing 60 do with this action, when Law
yer walsh wanted 10 know whether this
vas testimony or argument. The court
did not think this proper sur-rebuttal.
Lawyer Walsh said he would not undertake
to prove that the engine of fraud snd sp-
preston had been SCI in motion" He
Would NOT cay that he could prove all he
had started Out - prove but be had good
reason 20 believe Col. Nolan was In possss-
sion Of the infsrmRti0n. Ar. Walsh then
started out on this line but was stopped
by the court and took an exception.
This ended the testimony. Col. Nolan
said he didn't care TO ArEue the easo. but
might submit brief Of the poiRts in the
case. Lawyer kinsley wanted 10 submit
special hRdings and arRue them later.
Judge Hunt said II the matter was TO be
argued 10 would have TO be argued now.
The case was then argued by Lewis Pan
we'll aHd Col. c. b. Nolan for the beard,
and J. ". kinslsy and I. J. Walsh for the
defense. Nr. Walsh had twenty minutes
OF his tine left when court adjourned and
will take 10 up this morning.