The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-12
EMMA BAPT|STE'S TRIAL
The Jury Was Obtained Without
Much Difficulty.
SURROUNDED BY FRIENDS
The Defendant in Low Reclining Chair
Looked Like a Fast Failing Invalid.
She Was in Tears Most of
the Time.

| killing of her husband. James Baptiste,
| viii begin before Judge Clancy at 3
| O'Clock this morning. A jury was
| obtained yesterday with much less diff
| ficulty than had been anticipated. Dur
| ing the proceedings yesterday the court
| room was crowded. Many women were
j present, and the defendant was sur
rounded by friends. She had been pro-
| vided with a low reclining chair in
which she sat like fast failing invalid
| and cried during the greater part of the
sessions of court.
The impaneling of jury was resumed
/ yesterday afternoon from the special
! venire returned in the morning. The
sheriff had made service on "A venire-
i mef. TWenty-Six were excused for
/ yarioas reasons and 43 We're retained, as
/ follows: G. w. Story, Peter Doble. Jo-
! seph r.. Silver, William B. Lamphier,
| Fred J. Bliss, Louis S. Cohn, Reinhart
| Clauser, j. M. Stuart, John Hanley,
| Steve Simpson, Morgan Griffiths, Han
nibal Bergman, Ed Mahoney. Thomas
Triple, w. L. Crowley. L. D. Curry.
| Leonard Ehrick, A T.. Jones, Isaac
/ Meagher, John w. Barrett, Thomas Mes
bit, John Peters Henry T. Morier, Evan
Evans, w. F. Eslick, George Dubie. w.
e. Guyette, Augustus Jackson, John A.
| Cannon, III. c. Holland. John Haller,
/ John Thomas, T. b. Elliott. j. P. Grant.
]
tone Stauser William l.. Hill, Henry
Bergman, Richard T. BENEFITS, S. w.
Graves. John Rinaldo, f. M. Grady.
County Attorney Stapleton read the
information for the benefit of the special
venremen, and while the reading was
going on and describing the killing of her
husband, Mrs. Baptste bowed her head
on the table in front of her and burst
into tears again.
Il H. c. Holland was the first man called
into the box from the special venire. In
answer to the usual questions he said
he had no opinion in the case and
thought that in some cases of MUIR
Ger hanging was not too severe as a
punishment The fact that the defend
| ant was woman, he said made no diff
| ference to him, as he considered that he
would have to return a verdict accord
ing to the law and the evidence. Mr.
Clinton asked Holland if he believed an
insane person capable of committing
crime. The juror said he did consider
him capable, but not mentally respon-
sible.
The defense in exercising its second
peremptory challenge, excused Michael
Lehman Louis S. Cohn, the next man
called, said he had known both Mrs.
Baptiste and her husband and had
formed an opinion which could not be
changed by testimony. Mr. Cohn was
excused and T. b. Elliott took his place
Mr.. Elliott said he had an impression"
but not an opinion.
Mr.. Clinton asked him if he had a
prejudice against the defense of insan-
ity, and the court suggested that the
juror be asked first if he had a fixed
opinion on the question of the defense
Of insanity
If the court please" said Mr.. Gin
ton, I'VE don't care to have the juror
answer any question but the one / have
asked him." -
The witness answered satisfactorily
and was passed. The state challenged
peremptorily Fred Peters, and John
Peters was called, but he had a fixed
opinion on the question of the defend
ants guilt and was excused. The next
man called was Fred j. Bliss who also
had an opinion, John A. Cannon said he
had intimately known both the defend
ant and the deceased and also had an
opinion. but in spite of those facts heAl
thought he could return an impartial
verdict.
Would the fact that the defendant is
a woman bias or prejudice you or effect
your deliberations in arriving at YER
dict?" asked Mr.. Stapleton.
1t would; | would always give a wo-
man the best of it
The court oyerruled Mr.. Stapleton's
challenge as to Mr.. Cannon, holding that
the Jurors answer was not a ground for
challenge after he had said he would de
his duty as a juror
DO you know of any reason why you
cannot sit as a juror in this case?"
asked Mr.. Stapleton.
No more than what | have already |
given" replied Mr.. Cannon.
DO you consider yourself competent
to serve as a juror?'
That's for you to say"
Mr. Stapleton insisted on an answer |
and the court put question for itself.
Do you know of any good reason why
fQ y CT hi. 1,,.
defendant fairly and impartially.'i
Mr.. Cannon said he knew of no good I
reason and the court overruled another
challenge for cause. The defense then /
peremptorily challenged E. D. Aiken.
and John Halter and Leonard Ehrick, /
the next two men called, said they had |
positive opinions which could not be |
changed by evidence and were excused. /
Id Mahoney said the fact that the de- |
PENDANT was a woman would affect his /
deliberations, and yet he could fairly |
and impartially try the case according /
to the law and the evidence. He re-
peated the fact that the defendant was a
woman would influence his verdict, but
he would do his duty and decide the
case according to the evidence and the |
law as given him by the court. A chal-
lenge to this peculiarly minded juror
was overruled by the court. and in an
sWer to another question Mahoney de-
clared he knew of no reason why he
would not make a good juror
The defense waived its fourth peremp-
tory challenge and the state on its
third excused J. A. Cannon. Isaac
Meagher had an opinion. so did Angus
tus jackson and Henry E. Morier and
they were excused one after the other
NIliiam L. Hill. the next man called |
said he had known something about
the family troubles of the Baptistes AT
the time of the shooting and had also
formed an opinion which it would re-
quire evidence To remove hut he could |