The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-27

neighbor came and took her sister out.
Her mother ran to the neighbors and
cried she was burning alive, and then
ran down to the creek and aid down
by II to try and put out the fire In her
night dress. The child is an exceed
ingly bright youngster and told her
story In a straightforward way. and
although Mr.. Cotter asked her all man
ner of misleading questions in an en-
deavor to mix her up he could not
change any of her material statements,
blu elected a statement that her mother
a told her what to say on the stand.
Mr.. Stivers asked IL her mother had
told her exactly what she was to say
or tell the truth. and she said her
mother had gone over the circum-
stances so she would make no mistake.
She remembered all the circumstance
as h had related them.
William H. Babcock testified that the
night the crime is alleged to have been
committed. he was awakened by a
noise in his stable and went out to see
what was the matter. While at the
barn he heard a woman scream in the
direction of Mrs. Kelly's cottage. He
went over n found Mr.. and Mrs. Mox-
ley had arrived before him. Monkey
said Mrs. Kelly was on fire Inc was
lying in the creek. He went there and
with Mrs. Monkey put out the fire in
her night dress. They h o her to
the house. and witness there united her
hands, which were tied behind her
back. The witness then took the bed
clothes. which were still afire, and
dipped them in the creek and carried
them back and threw them in the kitch-
en-. On cross-examination the witness
said he detected the dor of coal oil
when he dipped the quilts in the creek.
He supposed he put the fire out, but
came to the conclusion he had not when
they caught fire again. He did not
know who was in the house after he
threw the quilts back In the kitchen. 1t
would have been possible for someone
to ave gone i'm and set IL. Mrs. Mox-
ley was present at the creek and helped
put the fire out in Mrs. Kelly's t%Jthing.
The witness was asked to state all n
could remember of Mrs. Kelly's CONVEX
sation. and said he asked her who did
IL. and she replied Bell. He asked how
she knew, and she aid she could tell
by his gold tooth. He asked her how
she could see and she said by the light
Of the burning bedding. She did not
describe his clothes, and said nothing
else the witness could remember.
Sergeant of Police McGrath was
called and identified the night dress
Mrs. Kelly had on the night of the fire,
also the ope found in the house when
he and Captain Dawson visited the
place. The articles were offered in evil
dence. Thomas Brady. the next wit
ness. described the manner in which
Mrs. Kelly's hands were tied. He was
going to cut the rope, but Babcock UNI
tied it. He knew nothing further ex-
cept that the fire in the house broke out
again. and he helped put 1t out. Cross
examined by MIR. Cotter, the witness
said he was aroused by MIR. and Mrs.
Moxley. He first saw Mrs. Kelly in her
own house. Mr.. n Mrs. Monkey,
Babcock, and himself. were the only
ones present. Asked il a man named
Armstrong was there, he said no.
]. s.. Monkey. Mrs. Kelly's nearest
neighbor, heard screams and ran out of
his house. He saw Mrs. Kelly running
toward his house and a man was fol-
lowing her wrapped up in he took
to be a sheet. He ran back TO his house
and got his gun. AS he ran back he
saw the elder of the children coming
out of the house, and in his excitement.
supposing 1t to be a man. he leveled his
gun, but then saw il was a child and
dropped his gun. He heard Mrs. Kelly
screaming at the creek and ran to her.
She cried. They're burning the child
alive" and he ran back and picked UP
his gun and went into the house. He
found the baby in bed sitting up. terri
fed, looking at the burning bed. He
grabbed her and carried her to his
house. His wife and Babcock put out
the fire in Mrs. Kelly's night clothes
and took her to her house. where the
hands were united by Babcock. The
latter carried the bedding to the creek
to put out the fire in it. 1t was brought
back and thrown in the kitchen. n
the house locked W. Subsequently his
attention was called TO a light in the
Kelly house, and 1t was found to be
afire. He M other ~neighbors broke in
the kitchen door n found the bedding
and children's clothes on fire. He helped
extinguish the flames. The defense
brought out nothing on cross-examina-
ton.
The state had two more witnesses to
examine. but they were not in court,
and as the our was late, a continuance
was taken till Saturday afternoon at 2
o'clock.