The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-15

name, signature or address. The court
sustained the objection.
Nash was then called off the witness
stand and Mr. Lamb was put on for
the purpose Of Identifying the hand
writing in the letter. He said 1t was
that of Mrs. Mary Baptiste OF Jackson
vile, Ill. with whom he had had some
correspondence since the shooting of
James Baptiste.
Mr. Clinton then again offered the
letter found at the scene of the murder
in evidence not only as part of the
case, but also to prove the relationship
existing between the defendant, the de-
ceased and the writer of the letter An
other objection was made and over
ruled and Mr.. Clinton read the letter
to the jury. 1t was as follows:
Jacksonville, ILL.,, Sept. 10. 1S91.-My
Dear Child oh, | feel so bad to hear
Of your bad luck. What is the matter
with jim. Has he gone crazy or is the
devil getting charge of him? | only
wish / could go out there. | would blow
his brains out. When papa came home
/ told him, and he got SO angry. He
said if he could only see him he would
blow his brains out of his head, and he
said he wished some one would blow
him up He said he would rather hear
of him being dead than TO hear of sucn
disgrace. 1t nearly killed papa He
said he no longer claims him as son.
He told me to write to him and tell
him so. but. Emma, Il ! can't give him
better advice | won't give any that will
make him worse. Emma, / fret over it
worse than papa does. He says II he
IN going TO disgrace us he can go. How
sad IL Is. | pity YOU so does papa. II
| were you / would make him support
you. Get all you can from him. II he
has any money in the bank You can
stop him from getting it. ! wish you
- - -. Il, =
won't do for you to leave your home
now for 1t win go hard with You in
law. Mother was here be-
fore / got your first letter,
and | tell you If father is looking bad
so Is mother. Is Jim willing to give
you the divorce or not? If you speak to
him YOU tell him that papa said II he
wants TO disgrace himself 1t is a shame
after being raised in good society. Tell
him | hope someone will blow his head
off. Take care of yourself / hope that
we may see one another some day
The letter was signed, Your folks, but
is supposed to have come from Mrs.
Mary Baptiste. mother Of James Bap-
tiste, the murdered man, but that IL
was written by another person for the
mother.
After the letter had been read To the
jury DIR. Brooke was recalled and the
amended hypothetical question on the
subject of insanity was again present
ed Another objection was made To 1t
and while it was being argued the jury
was taken from the court room. The
court sustained the objection and the
written question was then submitted To
the judge. and he made a number OF
changes in 1t. striking out some of the
points objected to. The jury was then
brought in and once more the question
was read TO the witness the court how
advancing that II would
to the jury that they We're the exclu-
siye judges as to the weight TO he given
10 such testimony and the amount Of
credence TO be placed on the facts
stated in the question.
Il would consider the woman was not
responsible for her acts at that time.
finally said DR. Brooke. after being per-
mitted 10 answer the question. The
symptoms outlined by the question in
dictate Il forerunner of insanity"
MIR. Stivers made a motion TO strike
out the testimony on the ground that
the witness had not qualified to testify
as an expert but the objection was
overruled. On cross-eNamination the
witness said he had seen other women
as excited and incoherent as he had
found Mrs. Baptiste when he called
to see her after the murder, but did not
regard them as insane.
When did she regain her sanity2"
I1ti iliiiid las pGGh tifdlItiS hp dis
she has been recovering from her ply
steal ailment?"
The doctor said the defendant shed
tears as we'll as acted incoherentiy
when he first saw her in jail. and Mr..
Stisers asked him what he thought of
the statement of Prescott. an authority
on insanity. that tears were VERY UNI
usual with insane persons. The doctor
said ia this case he would disagree with
Prescott Mr.. Stivers put brief hypo-
thetical question to DIR. Brooke about d
young woman going TO live with a
young man of sporting procliyities who
finally leaves her. She goes about IL in
reasoning way to get him TO return
TO her; he refuses and she threatens Ia
shoot him, not purposely to kill him but
10 in1ure him and make him suffer; she
carries out her threat and then makes
an effort To escape. is apprehended, and
being a woman she becomes hysterical
and shows great excitement: while
under arrest she says she is glad she
shot him. and then says She Is sorry
What would you say as to such wo.
man being sane or insane?" asked Mr.
Stivers.
The court sustained an objection L
the question on the ground that it die
not state all the facts. The witness wa!
excused and DIR. =. II. Sheerin. tn,
county physician. was called and tn,
long hypothetical question of the de,
Tense was put to him as IL had been il
DR.. Brooke.
Dr. Sheerin said the defendant Was
suffering from melaneholia nj the time
indicated by the question. Melancholia
said the doctor. was form of insanity
and IS per cent OF the cases % meian,
cholia recovered. At the conclusion u
DIR. Sheerin's testimony the defense am
nounced the close of It's case.
The state. not being prepared TO *
on with its rebuttal. asked for an aid
iournment until this morning, which
was granted The evidence viii likely
all be submitted this morning and u il