Fergus County argus., 1898-11-23
POLITICS. DEVOTED MINERAL

1 Ttpllt'u. lie
Sustained the objection, the result oi
which was to eliminate from the case
a considerable number of alleged con-
versations held between Moody and
other parties. This was severe
though not unexpected blow to the
states case.
| Under Sheriff Simons was a voluble
| witness, but. simmered down, his
testimony amounted to very little.
He detailed his connection with the
tragedy from the time he was sum
moned by Mr.. Bebb until after Mr.
Badger had been arrested and placed
in Jail. Concerning the taking of the
body from the creek and the sum-
moning of the coroner and jury there
was nothing affecting the defendant
At the hour of the arrest-some two
hours after the commission of the
crime-he found Mr.. Badger at the
telephone office, he coming to the
door dressed only in his underclothes
and his bed appearing to have been
occupied. Under his pillow witness
found pistol and a watch and about
the room pair of overshoes were
found, upon which there was some
dry mud, and pair of low rubbers,
the bottoms of which looked as
though they had been scraped. The
pistol was fully charged, but one
chamber had little dust in it, while
the others were quite dusty. Upon
cross-examinationw witness would not
allow himself to be pinned down
closely to the condition of these rub
bers, nsr would he venture an opin-
ion as to how recently the revolver
or any chamber of it had been cleaned.
rhe pistol was placed in evidence and
it was noted by the attorneys and the
court that all chambers were rusty.
Tuesday morning the hearing re-
sumed at $3.50 a. m.
w. H. Parrott testified to being
employed in the Dark Horse livery
stable on the corner of Janeaux
street and Fifth avenue, and that he
slept in the room on the corner the
night of Nov. 1916. At some time
during that night, the hour not be-
ing stated, he heard a rattle among
the singletrees on buggy or wagon,
and that Immediately folio owing some
man stepped upon the sidewalk from
the direction of Janeaux street and
hurried along the walk toward Main
leave the walk. The telephone Office
is situated diagonally across the
street from the livery stable. On
cross examination the fact was
brought out that the murderer, to
have been the party heard by wit
ness, must have purposely passed be-
meath the electric light in front of the
stable, although the opposite side of
the street was dark.
C. Bart Noble testified to having
known Moody for q years in cities of
Wisconsin and i'm Lewistown. A Agun
found upon Moody by Noble was
identified by witness as having been
given the deceased some two and
one-half months previous. A letter,
found in Moody's pocket In his room
after the crime, was shown witness,
and the handwriting was identified
as that of Moody. The letter ap-
peared to have been the draft OF a
letter addressed by Moody to Badger,
in which the writer disclaimed any
intention or action tending to COM
promise Badger or his wife, and re-
ferred to Badger having given the
writer until O'Clock Saturday to
leave town. This date was fixed,
from the tenor of the letter, as Satur
day, Nov. 5. The alleged letter may
have been written and intended for
delivery, but withheld, or it may
have been a copy of a letter delivered
there was no evidence on this point.
The defense resisted the introduction
of the letter upon the grounds OF it's
incompetency, but Justice McFar-
land, while holding it to be incOmpe-
tent, ordered it's admission, desiring
to retain complete record in the case,
as possibly the letter might be ad-
mitted by a higher court.
| Drs. AtchisOn and Hogan testified
as to the examination of the body OF
the deceased and the extraction OF
the bullet, their long Latin terms
amusing the hearers, but not serving
to enlighten. In plain English, the
bullet passed in at the back of the
head. near the base of the brain. and
swerving slightly to the right. lodged
near the brain, the wound being
fatal. Dr. Atchison said that from
the powder marks found the gun
must have been held within from one
to three feet of the body when fired,
while DIR. Hogan said that were an
ordinary charge of powder used the
gun, in his opinion, was within one
foot of the point of entrance.