The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-16
SHE'S FREE AS A BIRD
CONTINUED from Page Five.)

her reason. w no COul1 say iHiA St'N
had murder in her heart Murder has
no part in the heart or mind of that
frail little body. In speaking OF the
denial by Baptiste on his deathbed thal
the defendant was his wife, Mr.. Lamp
said Judas lscariot denied the Saviour
could more he expected of James Sap
tiste than to deny his wife after he had
sunk to the depth of degradation ne had
reached. The attorney said there had
never been a case where the evidence
of insanity was so strong, lnconlro-
vertible and undisputed. The state hau
summoned half a dozen physicians LOT
rebuttal witnesses but did not call one
of them. What conclusion can be drawn
from their failure to do SOL only TINS,
that they We're unable to contradict a
single statement or fact presented by
the defense, and the testimony on m
sanity therefore stands uncontradicted.
The unerring test of insanity is the eye
All writers and authorities on the ques-
ton agree on that. person
can feign insanity in nearly all other
matters but he can not feign the indie
scribable look in the eye testlned TO by
all the witnesses. There is not a single
fact of the testimony of the prosecu-
tion denied by the defense. and there
is not single fact in the testimony OF
the defense denied by the prosecution.
If you find verdict of guilty, said Mr..
Lamb to the jury, be honest with your
the defendant for killing James Bap-
tiste but as an example and 10
protect other husbands and say
that no other husband must be
punished for his Dissertation of the home
and the wreck of women's lives. You
can't say James Baptiste did not receive
deserved punishment. only that 1t was
melted out to him by an unauthorized
hand, but that it was brought ON by his
own acts. In concluding. Mr.. Lamb
said his client would rather be in her
grave than live, because she had moth
ing 10 live for; her life had been wreck
ed by an arch-fiend and the ambition
of her life taken from her.
Mr. Lamb made an eloquent and i'm
pressive plea To the jury to acquit Mrs.
Baptiste and send her home to her
friends, and when he closed his speech
tears stood in the eyes of I'VE or SIX or
the jurors: the defendant and her two
sisters burst out crying and a dozen
other women shed abundant tears. The
Judge excused the jurors for few MN
utes to give them time to recover their
composure, and by the time they re-
| turned the tears had pretty well ceased
| flowing in the court room.
Guy w Stapeton, county attorney
! then made the closing argument, and
| told the jury that they were sworn TO
| try the case on the law and evidence
| and not on sympathy and emotion He
! said the attorneys were sworn officers
! of the court and the state and had as
much sympathy for the defendant as
anyone, but they were sworn to do their
duty. You are here not only to try TINS
defendant but to try yourselves and see
| IL you will abide by your oaths. Every
man has sympathy for woman in dis
tress or trouble He would not be Il
I man if he did not. When the attorneys
| for the defense appealed To the emotions
and sympathies of the jury and asked
them 10 aequit the defendant out OF
| sympathy they ask the jurors to per-
iure themselves and nothing else. There
are a number of women present in this
court ROOM" said Mr.. Stapleton aSome
among them are my friends and know
that their purpose in being here Is to IN
huence or try to influence the jury"
Both Mr.. Lamb and Mr.. Clinton jump
ed TO their feet and objected to Mr.. sta
pletons line of argument, and the court
told him to eonfine himself To the testi-
mony. Mr.. Stapleton said he had au-
thority for what he said, but the cour'
repeated that he should contine himself
to the testimony. Both attorneys for the
defense travelled all over the United
States. over To Africa after John How
ard Payne's body and back to Washing
ton rehearsed "A number of ia
nous murder cases and devoted
more time To matters outside the cast
thar to the testimony in IL, hui they
were not once interrupted in their talk
but Mr. Stapleton had not talked II
| minutes before he had been stopped foul
times by the defendants attorneys anC
the court and had been threatened witt
a fine because he insisted on having eN
ceptions noted to the courts rulings
Mr.. Stapleton referred to the kansa
City dispositions and said the state di,
not have an opportunity to cross-ques
tion the witnesses before the jury. MI
Lamb objected and the court said MI
! Stapleton should not talk that way.
I'll take an exception said Mr.. sta
pleton.
You can so just 50 far with you
exceptions and then III fine you," salt
) the court
Resuming his argument the count.
, attorney said the defense had spokel
about a broken home. but that the onl
broken home there was in the case wa
that of James Baptiste and his Lawful
wife. The evidence showed that he ha
, for years unlawfully lived with the de
PENDANT and that he desired to leaV
/ that life, and he took unto himself
! lawful wife, for which he was shot dow
! ! in cold blood. Mr.. Stapejon said tn
defense OF insanity had been set u
only for the purpose of giving tn
D jurors an excuse for turning the de
: PENDANT loose. but he hoped they wCul
obey their oaths and return a verde
= according To the evidence and tn
law. Mr. Stapleton concluded his ad
dress within half an hour.
\ The court started to read his instruc
tions to the jury at o'clock and
, took 40 minutes To complete them. /
the main they We're favorable TO tn
defendant and in one important re
spect, on the question of insanity. a
most natly contradictory. The first il
= struetion on the subject was as fo
lows:
The jury is instructed that as To II
defense of insanity the burden of pro,
is on the defendant, but beyond res
sonable doubt is not required; the IN
sanity must be established by such
preponderance of evidence that if IL
question We're submitted to the jury
a civil case they would find the defer
dant insane,
The second instruction reads as 70