The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-27


Witness did not hear Mrs. Sebastian
swear at her husband and she was not
intoxicated. Mrs. Frost had told wit
ness that Dan Frost had purchased the
guns claimed by Sebastian. Defendant
took off his hat and laid II on the table
before he fired. She believed Frost had
left the city the night of the shooting.
On redirect examination witness tes-
titled that Frost and Mrs. Sebastian
had never occupied the same bed to
her knowledge.
Coroner weitman and Dr. Ladd who
conducted the postmortem, testified as
to the nature of the wound from which
Mrs. Sebastian died.
John Schubert, was the next witness
and testified that he lived near Mrs
Hoffman at the time of the shooting.
Defendant and his brother stopped at
his house the night before the tragedy.
In the morning about 6 o'clock Sebas-
tian went out. saying he would go up
and get his guns. His brother went
out afterward, and coming back said
he would see II he could get some
ducks along the river, and left, taking
his gun. Shortly afterwards Sebastian
came into the house in a very excited
condition and said:
II think I've done it now."
"What?" asked Schubert
Shot that woman"
Did you hurt her much?"
II don't know"
IF you have done anything wrong
you will have to stand the conse-
quences," replied Schubert. At this
Sebastian exclaimed:
Il want something to kill myself
with l have suffered and don't want
to live any longer"
He made a grab at the revolver and
pointed it at his head. Schubert took
1t away from him. Then Sebastian got
hold of a knife, but that also was
taken away from him. Witness finally
prevailed upon defendant to surrender
TO the officers, and as they walked to-
wards town Sebastian said:
For Gods sake, John. let me go
back and kill myself. If you had suf-
Tered as / have you would not want
TO live any longer"
keith Sebastian, a brother of the
defendant, testified that he was Is years
or age and of Spanish and English
lineage; that he and his brother rode
over from Billion to Great Falls last
october. He said he had not seen his
brother when he went out and returned
10 Schuberts house for the gun to
shoot the ducks. Saw him soon after and
MS brother told him he couldn't get the
guns from his wife. Witness told him
that Dan Frost probably wanted them.
His brother asked him what he knew
oOC0e Ian IOSl, anu ne replied that
people called frankie Mrs. Frost. and
advised his brother that he could prob
ably get the guns back by giving up
$40 and the gun he had in exchange for
them. Sebastian took the gun and went
into the Hoffman house. Witness
heard struggle later and heard Mrs
Sebastian call defendant vile names
ana then the shot. Sebastian came out
nervously, saying he might as well kill
himself. and witness ho
from him.
John Hammond, a former Leader re-
porter. testified to a conversation held
with the prisoner in which the latter
said he took up the gun simply to scare
his wife and in the excitement the gun
was discharged.
Chief of Police Germ testified to the
same interview and the same language.
Sheriff Dwyer and Myer Harris iden-
titled the different exhibits and the
state rested it's case.
The opening statement for the de-
Tense was made by George H. Stanton.
who said that no attempt would be
made to deny the killing, and that the
circumstances shown would be sub
stantially admitted. The defense will
be insanity and further it will be
shown that, even If the defendant was
sane, there were mitigating circum-
stances which would reduce the homi-
eide from murder in the first degree
From the time they were married until
coming to Montana Sebastian and his
wife were as happy and congenial as
ordinary couples, except when the men
tai condition of the defendant made
him uncompanionable. Then they met
Dan Frost, who was the basis and sole
cause OF the trouble. He came to the
family a pauper and lived with them.
finally alternating Mrs. Sebastian's af-
fections and taking her to Great Falls.
where he lived with her in a state of
adultery until the time of the killing.
when he left and has not returned
rms adultery, Mr.. Stanton continued
will be established beyond doubt. and
the defendants weak intellect became
more darkened and weakened He
brooded over the desertion and suffer-
ed from jealousy, and upon discover
ing the adultery was prompted to do
what any sane man would under sim
ilar circumstances. Adultery is, how
ever, side issue, for the defendant
has double defense; he was insane at
the time. His immediate ancestors
were insane. His mother was temper
arily insane before his birth and he
was born prematurely. While boy he
received a severe injury TO his head
and has been troubled with pains and
loss of memory since. 1t will be shown
that he was gloomy. melancholy and
given to fancies and illusions. Had
the idea that people were following
him; would lay out in the sun for
hours. and every mention of his wife
excited him.
w. j. Martin. a rancher from near
Columbia Falls. Flathead county, was
the first witness for the defense. He
had known defendant about one year
One night in a saloon, while witness
and others were playing cards, the de-
PENDANT came in and sat down to the
game. He noticed Sebastian watching
him closely and saw he had a knife
Suddenly defendant arose and calling
witness "a id half-breed." Jumped
towards him saying that Martin had
been following him all over the country
and he would fix him now Martin
knocked him down and the next morn
ing Sebastian apologized to him, say
ing he had lots Of trouble and wasn't /
for his acts at times.
County Attorney E~raaF,na tbf- ,,,o-.,