The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-06
BEFORE BOTH THE JUDGES
Kollogg's Appeal From the Medical
Board on Trial in the Dis
triol Court
Testimony to Show the Ago OF
the Child ia the
Case.
ARaiast the Govern ment for Services
Rendered while Ia once.

Before judges Hunt and Buck. and with
cut sny jury. the appeal Of d.. Edwin :.
Kellogg from the action Of ths state board
OF medical eKamiIers In rsvokina his
llosnss. went 10 trial in tns district court
yesterday afternoon. Both sides waived
jury trial Counsel for the board said they
we're 'preparsd 30 leave 10 10 the court"
DR.. Kellog'a counsel were willing TO have
IL tried by the court" County Attorney
Nolan and Lewis Penweii appeared for the
medical board ana j. ". Kinslsy and 4. J.
Walsh for DR.. Kellogg. he doctor was
present during the proceedings. DIR. G. X.
Cole aud d.. W. II. BullATd. Of the msdi-
cal board. were present near their counsel.
Col. Nolan opened the proceedings By ask
ing II the court had decided on any mods
of procedure as 10 whsrs the burden Of
proof would rest Judgs Hunt said the
burden Of proof must be on the medical
board. IL would practically be a trial de
nOvo.
The county attorney Rad the complaint
Of the medical board. containing a state
nent Of the case. Lawyer Kinslsy read
the doctors answer. Then VIM. Blger-
staff, who was fireman at the Masonic
temple. where kellogg has his Office, WAS
pat on the stand TO tell Of the finding Of
the headlsss body Of the infaat in the fur
mace in March OF Las, year. The doctor
came into abe furnace room and asked wit
ns3s II he had a COED FIRE. On beinq told
there was. the doctor took parcel wrapped
up in paper, put 10 on a shovel and threw 10
Ia the furnace, aud then went out. Witness
then took the shovel and drew the parosl
out before any damage had been done sx-
ospt the scorohinR OF the wrapper. I'm
wrapping ID be found the hsadless body.
That was on Saturday. On Monday he
took the body 20 she Office of DR.. Cole and
DIR. Ballard. On cross examination witness
said the door Of the futnace room was
always locked except when be was the Q.
Witness was asked about the eonVsTsatiOn
he had with DIR. Cole and DIR. Billiard, but
Col. Nelan objected 20 this style Of cross
examin alton, unless it was TO impeaoh the
conduct OF the members Of the board. i he
testimony was incompetent and IL
able to pre- udice ,he defend ss
they wanted TO prove by oross-exAmination
that the witness stated to DR.. Cole and DR..
BullaTd certain facts about the body. This
would show that the physicians, having
heard the testimony Of one OF the principal
witnesses. were inoom petent 10 sit on the
sustained the objsetion OF Col. Nolan and
the defense excepted. Ia answer TO
questions by the court, witness stated that
the body appeared to be In good condition
and She head seemed 10 have been severed
by a smooth eat.
Or. @. X. Cole testified TO BiesrstaH
bringing the body 20 his office. From an
examination he JAGGED IL to be the body Of
= child six OF seven months. IL was in q
good state Of preservation and an examina-
ton OF tbs neck suggested that the head
had been cut from the body. On cross
examination the doctor said he never knew
Of case where IL was necessary TO sever
the head al birth.
DIR. W. Al. Ballard gave similar testi-
mony in regard 10 the appearance of the
body. and its age. A recess was taken 90
allow all the doctors Who had testi-
fed at the ooroneT'A inquest TO again exam
inc the body. which had been preserved In
alcohol. On CONTAMINATION Dr. Bal
lard aAid be never heard of or saw a child
of four months 30 we'll developed as tie
body appeared 20 be.
DR.. 4. II. Pleassnts, ooroner, told pretty
much the same story as 10 the appearance
OF the body. The appearance Of she neck,
which shovel q clean cut, indicated that
the head could not have bsen pulled from
the body. lie judged the child TO be about
SIX months. DIR. Peasants was then eT-
amined In regard TO DIR. kellogg's testi-
cory OF Dr. KelloRR's testimony, taken by
the coroner on that occasion. was put In
evidence.
what did Dr. Kellogg say about the
mother Of the childP' asked Col. Nolan.
lie sid she Was the wife OF a young
attorney" answered the witness. COnsinu-
ing witness said DR.. kellogg testified the
child was three months aud one week old,
and had bsen dead three days before taken
from the mother. Al that time the body
VS. beginning TO deoompose and the head
became detached. When the defense took
he witness hand on cToss-eIamin alton
abe coronef was asked to say whether bis
ecord Of KsllogR's testimony contained
anything about the mothef being tue wife
OF young attorney. A. first she witHesa
thought it did but on examining his COPY
Of the testimony said he could not hnd H.
In eK llanA,on he said he had written she
testimony down in long hand. and did not
rofesa 60 have taken everything. lie took
only the salient rointa The witness was
also txEminoi closely on the refusal of
Kellogg 20 give the name Of the mother to
tue cofoneT's jury. of bis promising 90 give
10 to the coroner next day. and of bis after
wards refusing 20 do that
The court adjourned az tho conclusion of
ID Pletsants testimony until this morn
ing.