The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-30


pleted. owing to the absence of an i'm
portant witness. N after the princi-
pal witnesses for the state had been ex-
amined a continuance was taken "a
this afternoon.
Edward Metiander. the man who dis
covered the crime. was the first witness
called by the state. In giving his tes-
timony he said: ION the eth Of last
May l was on the hillside at the west
end of Porphyry street and saw a
woman underneath me as ! stood upon
a ledge"
What called your attention to herr
asked Mr.. Yancey.
Seeing a woman i'm that locality
would attract, any mans attention"
was the reply.
What was she doing?"
"She had her clothes partly raised in
front and appeared to be arranging
them
How was her attention called to
your"
Il hit the ledge with a hammer and
she looked up and walked away"
Did she go slow or fast?"
she went very slow
What were you doing there?"
prospecting. l went To see a pros
pect hole"
Did you go into the prospect hole
that day"
NO. 1 followed the woman away"
When did you go there AGAIN."
"A couple of days later
What did you discover"
Il went into the prospect hole and
was sort of digging around and saw
the foot of a child sticking out of a pile
Of stones. I moved the stones and
found a little hoy. | then notified the
sheriff. 1 went to the hole with the
sheriff and coroner and when we eN-
amined the child found the side of its
head had been crushed in"
Did you get to see the woman you
referred to?"
Il did not get a good look at her
face"
Would you say the woman sitting
there" indicating the defendant. was
the woman"
II couldn't say positively"
How does she compare as 20 siZe?"
she is about the same size"
Cross-examined by Mr.. Harvey, the
witness reiterated hat he could not
positively identify the woman. He did
not hear her make any exclamation to
indicate she was in pain. Asked to de-
scribe the wound on the head. the WIT
ness said there was simply an linden
ton. The child had not been washed
after birth and had evidently been born
there in the prospect hole and killed.
What time did you see the woman
Saturday afternoon"
What time did you go back there?"
About l o'clock Monday"
Judge Trap asked the defendant to
stand up. She was allowed to do So by
counsel. and Judge Trap asked:
Would you say she was not the wo-
IAN"
Il would not"
Would you say she was the woman"
asked Mr.. Harvey.
II could not"
DIR. j. A. Tremblay was called and
asked IL any official report was made
to him on May I. He replied there was.
and continuing, aid 81 went with I'm
der Sheriff Murphy to the prospect hole
on Little Butte and there found the
child"
What condition did you find II in?'
asked Mr.. Yancey.
so far as / could see, il had not been
killed, as l believe. | think the wound
on the head was caused by the child
dropping IN the Stones
Had the child been born alive?"
Il couldn't tell, but ! think so, and as.
under the circumstances. IL would AXE
about 10 minutes for the child To live.
il probably died before that time. 1t
was a full born child"
on cross-examination, Mr.. Harvey
asked: How was the child lying-on
its lief: s.de?'
II do not remember"
From your experience, what are a
child's chances of living If born with
out any attendance and laid on its left
side. would 1t have lived""
1T should nave lived; that should
have made no difference"
Does il make any difference in any
EVENT."
YES. If properly attended. In the
condition the child was found il could
not live more than 8 or 10 minutes"
Where was the bruise on the head"
Il can't remember"
WAS the skull broken"
NO"
IF that child was born alive, what
probably caused its DEATH"
II have already explained. 1t could
not live under the circumstances
Was there anything about the body
TO indicate on what side il had laid?"
There was not"
Death was no due to any wound on
head or body?"
Il don't think so"
What do you think was the cause of
DEATH"
Il think it was due to lack of proper
detachment"
Were the lungs examiner"
NO"
THAT is the only true test 20 deter
mine whether the child was born
aliVe?'
Yes"
Undertaken James Tachell testified
that he was called on to take charge Of
the remains of the child. As far as he
could tell IL was a full born child. as II
was perfectly developed. He could not
tell just how long it had been dead. but
in his opinion IL had been dead about
AZ hours.
On cross-examination, the witness
said he had hurled "a great many hill
dren which had died within As hours
after birth. Asked If there We're any
indications that the child had been muir
dered. the witness said he did not be-
lieve there were.
Chief of Police Mulholland was called.