The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-01
Preliminary Hearing in the Case
Against Cyrus Bell.
IT RESULTED IN DISMISSAL
Judge Laurandeau Said He Believed
That . Crime Had Been Committed,
but There Was Not sufncient
Evidence to Convict Boil.

uc0u > COuIl yCStcIuds AIteTnOOn, re-
sulting in the dismissal OF the case. As
at the previous session. Deputy County
Attorney Stivers conducted the case for
h state. and Attorneys Cotter and
Naughten appeared for the defense.
City Detective Jerry Murphy was
called as the first witness at the re-
sumption Of the hearing. He testified
to having Investigated h fire. He
found some burned papers under the
bed which had only escaped setting fire
to the bed because a wooden blanket
between the springs and mattress
would not burn readily. There were
also evidences OF a fire in the kitchen
and a hole had been burned through the
floor. In continuing his investigation
MIR. Murphy found a half mask i'm the
defendants room in the Maule block.
He was x to present the mask and
went to the police station to get It. In
the meantime Mrs. Augusta Monkey,
wife Of J. s. Monkey. who testified at
the previous session of the hearing, was
called. She testified she was awak-
ened by q dog barking and a scream
Her husband jumped up and ran out
and a moment later called for his CUR.
She got it and gave II to him and he
ran back. When witness got something
around her n went out she met the
man Babcock in the door and they went
to the creek, where Mrs. Kelly "a ly-
ing by the water. They met Monkey
coming out of Mrs. Kelly's house with
the little girl. At the creek they put
out the fire in Mrs. Kelly's night
clothes and took her to her house. where
Babcock united her hands. Attorney
Cotter attempted i'm cross-examining the
witness to confuse her into contradict
ing herself, but she declined TO be rat
tied. She told her story identically as
il had been told by half a dozen other
witnesses n stuck to II. In esponse
to questions she said a fire broke out
in the kitchen of Mrs. Kelly's house
about an hour after the first occur
nee She went with others and saw
the bedding and children's clothes on
fire. After the witness had been ha-
raised by a rapid fire Of meaningless
questions an objection was entered by
Mr.. Stivers, and the examination came
to an end.
Detective Murphy again took the
stand and presented "A pink satin domi-
no OF very light shade. Mr.. Cotter OBJ
jected to the admission OF the mask on
the ground that Mrs. Kelly had testi-
fed the mask her assailant wore was
white. Mr.. Stivers said. If necessary,
he would put an expert witness on the
stand to show that light pink looks
very nearly white at night. The mask
was admitted. Mr.. Stivers announced
the close of the states case and Mr..
N~aughten moved for dismissal. holding
there was not sufficient evidence iden-
tifying Bell to warrant holding him.
Mr.. Stivers contested the motion and
said i'm his Judgment the evidence of
Mrs. Kelly was sufficient to require the
defense TO put in its evidence. Mr.. Cot
ter pointed out that the charge against
the defendant was arson. which was the
burning of a building, and even II IL had
been shown he set fire to Mrs. Kelly,
he could not be held for arson, as it
was not shown that n fire he may
have set set fire to the house.
Judge Laurandeau overruled the mo-
ton TO dismiss and the defendant was
called to the stand. He sail he went
to bed before 10 o'clock the night of the
18th of April and did not get up till
the police came to arrest him late that
night or the following morning. He
said the mask introduced was one he
bought for the French ball q week or
so before. He denied he ever had any
trouble with Mrs. Kelly or that he ever
! knew where she lived. He said he had
! never before been arrested. Cross-exam-
med by Mr.. Stivers. the witness reiter-
! ated the statement that he had never had
words or trouble OF any kind with Mrs.
Kelly and denied he had we said To her
he would separate her n his brother.
Asked how he ixed the night ne was
arrested. he said because II was Sunday
night and said he saw no one when
he went to bed. He said he did not
wear the pink mask at the French ball.
but a black one. n that the pink one
was worn by a mi On redirect ex-
animation the witness swas asked to
show his teeth to the court to show he
had two teeth filled with gold. whereas
Mrs. Kelly had said her assailant had
one gold tooth.
Mrs. Lizzie Murphy was next called.
Mr.. Stivers objected TO her testifying.
as the rule had been enforced at the
beginning of the hearing excluding wit
nesses while others were testifying. and
Mrs. Murphy had been In the room
while Bell testified. The objection was
overruled. She said she roomed next
TO Bell In the Maule block and that she
saw him go to his DON abou 10 o'clock
Sunday evening. the 18th. and did not
see or hear him leave the room again.
On cross-examination she said she heard
someone go down stairs, but did not
know who II a Asked nov she could
fix the night positively. she said be-
cause Il was Sunday night. Her door
was closed after she saw Bell go to his
room.
r. NJ. Cobban. a real estate dealer,
testified he had known the defendant
/, seven years and knew his reputation
for peace. honesty. integrity and quiet
ude to be good In the community.
Cros-examined by Mr.. Stivers. the wit
ness said he had v lived In the i'm
mediate neighborhood with Bell. Asked
who he had heard speak of Bells repu-
tation. he mentioned two names and
said he had heard them speak Of hin
since his arrest.
c. s. Passmore. a real estate. and in
surance agent. said he had known the
defendant about a yea and knew
others who were acquainted with him.
He gave Bell q good reputation. He
was unable to give the names Of others
he had heard speak Of Bells reputation.
Police Officer Dennis Lowney testified
he had known Bell since 1889. He CAV
him a good reputation. He formed his
opinion from his personal acquaintance
with the defendant.
W. II. Berry, a miner. a known Bel