The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-07
The Board Completes lis Direct
testimony and the Defense
Opens Up
A Hypothetical Question Which
the Court Wouldn't Let 30
Answered.
The Doctor Tells HIS story aud Gives .
Reason why the woman In the
Case L. Absent.

iners was eompleted and the defense had
gotten we'll under way By the sine court
| adjourned. Dr. T.. l.. Kellogg was himself
under cross -sxamination al that time
There was pretty fair Audionss Of speota-
I tors and listeners in the coart room during
the proceedings. G. ID. GreeDfsld was
called by the board and testified to the
statement made by Dr. kellogg before the
coroneT's jury to the effect that the body
found In the furnace was that Of a child
taken from the wife of an attorney. lie
read from tho doctors testimony - printed
in Tux ISDErENDEET. touching other points
In the doctors testimony before ths eoro-
ner. DIR. William Treaey testified 10 the
age Of the child substantially as the other
doctors had done. DR.. n. Rookman tssti-
/ fed TO the child being seven or eight
months advanced. He judged that from
the development. Ga oross-sxamination
witness said ,hs body presented the
appearance OF this head hav-
ing been cot of lie had had
one case in his own experiences where the
head became detached at Eve months. but
IL did not look like the body In this in
stance. DIR, 4. II, Peasants was recalled.
He testified 10 having made another exam
ination OF the body during the preceding
night. Everything tended to confirm his
opinion that the head had been cut OF with
a knife. W. II. Little. one Of the eoToner'a
jury, testified TO Kellogg telling that body
the child was that Of young sttornsy's
wife. DR.. @. X. Cole was recalled. and a
hypothetical question put 20 him. Il was
TO this eject; Surprising all the facts TO be
true A. alleged In the complaint of the
medical board. and that sons of the state
ments of Kellogg 40 TO the mate nifty Of
the child were shown 20 be false; what
would he nave 90 say ~ to kelloRa's con
duct being professional or unprofessional.
Lawyer Walsh promptly objected, aud
Judge Hunt said the court would sustain
! the obieotion, As that Was a question for
the court 30 conside'. II the board made out
its case. Col. Nolan took an exception.
and announced that plaintiff rested.
/ Lawyer Walsh for the defense. nov
moved that the defendant be diseha' ged.
and that she judgment OF the board in re-
voking KelloRR's license be reversed and
set aside. on the grounds. first that the
complaint did not state facts sufficient to
/ warrant revocation; second, that the evil
dencs did not warrant n; and thiid, that
the board had no Jurisdiction 10 inquire
into the matter as two of ths board we're
witnesses before the coronsf's jury. This
motion was promptly ovsrrulsd.
/ luo ueleubo htAoQ ~ tnlu pOiuN Tor time
to consult ana a recess vas taken for that
/ purpose. When court Teconvsned DR.. G. b.
Miller Was put on the stand. be said be had
seen the body that morning aud Judged the
child TO be about i've months advanced.
The doctor was examined closely as TO the
liability Of women who had had one acci-
dent OF that kind being liable 10 Tscur-
rsnoes. De said they were VERY liable
to. He Iemem bersd no case where the
head became detached during the opera
ton unless the body was badly deoom-
/ posed. DR.. @. A. Perrin also testified 10
the development being from fve to. siI
months. when asked about the necessity
of removing the head in an operation Of
the kind In question the witness said be
would think the doctor who did that didn't
understand his business. d.. Vincent
HaiRht also gave similar testimony as TO
the staRe Of the development Of the body.
| d.. Rookman was recalled TO give tssti-
mony - to the pfedisposition OF women 30
Premature births after one mishap Of the
kind.
Nov came DR.. Kellogg himself He tssti-
| fed that he had attended Mrs. True about
four years ago. II was for some female
complaint. IL that time be gained
the idea that her husband wss con
nseted with the Northern Pacific land de-
pa rtment aa an attorney. He again saw
her about ths middle of February. 1893.
when she came 90 his office for treatment
7 Tor q sore tHIOhN hnQ some ohhof kfounlea.
! He dtdnt know she was IN a delicate COR
dition until she had b. en- under bis care for
come time. Ga March 3 he saw that she
! WAS about so suffer from premature birth
and ordered her 10 60 home a. once end 20
; bed. lie visited her on March 4 and was
/ unAbls 10 afo her the necessary relief
I without neatly removing tbe head from the
chilo's body IN the process. He laid the
body on piece OF paper and afts wards
wrapped II up and took 10 10 his office md
later put Il ia the furnace. The doctor was
unable 20 say what became of the hsHd,
/ body o. with some other things which were
necessarily part OF the operation. He
/ iudgod the child had besn dead from three
/ 10 five days before the ope alton, and 80
told the ooroner's jurY. lie also told that
/ body that the woman In she case was the
so 40 the time. Later he learned
that the husband was conRsotsd with
| the Western Union Telegraph company.
6ho didn't want her name known and
wouldn't consent 10 let him tell 10 without
/ her husbands permission. still be wanted
to give the jury she name. but on the ad-
vice OF his attorney. Lawyer klusley, de-
cded not TO. His attorney had told him
] that ~ the coronei's jury believed the tbs
I timony Of Dr. Rockman as 20 the child 10
might lay the foundation for charge OF
murder. The doctor then told OF paper
I
sigasd IN his Office and swern 10 before
/ Notary Pablo G. n. Anderson. He too h
/ the paper from his pocket, and 10 vas
offered Ia the case 80 GA evidence OF good
I ;Aith on the part OF the doctor In makina
! the statements he did before the coronsTs
/ in about the maternity Of the child aud
/ the woman being beyond the in isdietion
OF the court. The papr was ruled NOT to
/ be admissible, and the doctos said that
after making this statement NJ $. True left
/ for Missouri.
County Attorney Nolan wanted TO know
why ths defense hal not produced hrG
/ True in person.
wen show later on" replied Lawyer
Kinsley, "that she Is not here because you
told her not 20 come"
! Lauyer kinslsV asked the doctor why ho
/ had offered no defense before the medical
board. III was on the advice Of NV at
toruoy replied the witness.
] Tue doctor said hs saw Mrs. True IN Mis-
souls two sRtu dais ego, and she ha d
/ D omised TO come 20 Helena. There was a
/ telsphone IN the house whore the lTuss
lived. True vas called up By telephone
/ and told 10 vas G. H. Nolan, at HOlsna. who
I was talking 90 HIM. lie wanted to know ~
a certain pave was genuine and II Tue
aEd his vile b d signed a. lie was told
/ the paper WAS genuine. ltue said his wife
vould be IN Helena Monday. Sometime
I later the telephone rang sgain. nnd Nj.
/ Nolan sent word "ioa nesi not come 20
/ Helens. We will not nssi you." Mrs
/ true had already a ranged 10 go west, and
was awaiting tins decision. 80 shs vent
I The witness said the child was fear aud
a half or i've months advanced. lie had