The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-19

ment; provided, I shall answer this
question, this hypothetical question, or
whatever you may term 1t. about .
person with whom I was entirely un-
entity than I feel obliged to answer un-
der the present condition"
"Win you kindly answer the Ques-
tion, assuming nothing except that
which 1 have stated to you, and then
you car explain afterward?"
1T might have been very much diff
ferent from what 1t had previously
been"
what is your opinion al a physician
now as to that mans mental condition
at the time he fired tina fatal shot,
without reference to Its being n II
was previously or any other timer"
DO / understand that my answer IL
to be based upon that question:
Yes, SIR.
wei. / don't know that I could an
swer that question directly, yes or no.
/ would state that there would be q
certain amount OF uncertainty about 1t
he might not at that time have been
Of sound mental condition or he might"
AT this time. doctor, upon that hy-
pothetical question, you. as a physi-
clan. are unable to say whether he was
Yes, sir, based upon that question
which has been submitted to me-"
"You at this time would not hazard
an answer upon that subJect?'
mo, sir, I certainly would not"
Judge Clements asked DIR. Wells II
it was not a fac that he was par
ticulary friendly to the prosecution,
and IL he had not been interested with
Mr.. Largely in some mining enterprises.
The doctor said he a been interested
with Mr.. Largely in mining operations,
but he was no more favorable to one
side than the other. He was asked II
he was not disinclined to testify be-
cause of his profession and the position
he occupied in Butte, and on account OF
the influence on the side of the prose-
cution. DIR. Wells said there was moth
ing Of hat kind. He knew of no in
fuence n said ii would make no diff
ference to him II there was.
"State il IL Is not a fact that your
Discrimination or hesitancy to testify
arose more from you friendship for
Mr.. Riley than from any other cause?"
said Judge Stapleton.
ut is more particularly that" was
the reply.
c. d. Joslyn of Deer Lodge was re-
called and said he had business rela-
lions with Riley for three or four
months and had opportunities to OBJ
serve and talk with him.
From your knowledge Of him and
what you saw Of him n from what
you observed of him, what woul you
say as to his mental condition. whether
he was sane or insane?" asked Judge
Stapleton.
II should say he was sane."
On cross-examination Joslyn said he
did not consider Riley's talk and
threats anything unusual, considering
his condition and the pain be claimed
to be suffering.
p. II. Regain. sheriff Of Silver Bow
county, testified that he had known
Riley about three years., and brought
him back from the penitentiary, where
he had been taken after the murder.
Basing his opinion on what he knew of
him and what he had observed. the
sheriff said he considered Riley to be
sane.
Cyrus Symons of Butte said he had
known Riley since the 4th Of last No
vember. when he came to the witness
boarding house n engaged board and
lodging. He remained there UP to the
time of Largey's murder, and Symons
met him frequently and had opportu-
mites to observe him and gave II as
his opinion that Riley was sane.
HE ate n walked around like any
other ?" asked Judge Clements.
Yes, sir"
And that's about all you know about
him."
Eyes, SIR"
You did not see him at night. and
did not know whether he talked in his
sleep or sat up n brooded?"
mo, SIR"
HE might have been as crazy as a
bed bug and you not know it?"
Yes. SIR"
IF he had been as crazy as a bed
bug you would probably have heard of
it?" asked Judge stapleton.
Yes, sir"
THAT is" said Judge Clements, 'if
he had been a raving maniac you would
have heard of it?"
"Yes, sir"
T. NJ. Hodgens, cashier Of the State
Savings bank. said he saw no glare In
Riley's eyes when he came into the
bank to kill Largely. and noticed MOTH
ing unusual about him. Mr.. Hodgens
said his belief was that Riley was a
sane man.
I'VE rest" announced Judge Staple
ton.
You may address the jury" said
Judge Smith.
Guy W. Stapleton. county attorney of
silver Bow county. opened the argu-
ments for the state. beginning just as
the court house clock struck II. HI
said that when the case was outlined at
the opening of the trial the state had
promised to prove by testimony that
the killing of Patrick A. Largey by
Tnomas j.. Riley was premeditated
cold -blooded and with malice afore-
thought. He believed that had been
established beyond any doubt. The ties.
timony showed the defendant went into
the bank and called Mr.. Largey. to
whom he handed q paper; Mr.. Largey
read 1t and handed II back to Riley.
Mr.. Largely had a smile on his face
and then Riley shot and killed him.
Largey fell, and Riley did not do as q
crazy man might nav done-let IL GO
at that-but he deliberated and waited
till Largely raised himself up and Riley
waited until his head came above the
COUNTS and then shot again. He did
not take chances then. but raised
himself up on his toes and reached In
through the window and shot the de-
fenseless old man In the forehead
Riley convicted himself when he told
h newspaper reporter that he went tc
the bank to get work or to kill Largey
i - h AtAnt ~ IIfn anaw-A.,