The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-16

4 1Stf oE0, Ing one FRANKIE Betl. "A
/ performer at a low variety theater.
1t has been a long time since then, .
! she said to reporter. and some times
| l thought | would never get out again.
hardly expected to be acquitted. Some
/ times l thought l would but oftener |
/ thought / would not
| Mrs. Baptiste went home with her
sister. Mrs. Woten. with whom she will
remain for several days and will then
| go to the springs for while. She said
she had about recovered her health, SO
her physician, DIR. Brooke, told her, and
she wishes to get away from Butte for
while. She will probably go to San
Francisco, she said.
Il want to go where / will see no one
| know and away from everything that
can remind me of this. i want to thank
everybody who has been kind TO me-
The jurors who tried and acquitted
Mrs. Baptiste were: c. w. Storey. j.
p. Grant, James Davidson, Il. j. Truli.
Frank Ambrose, William Forrest, A. o.
Goodland, William Nankivel, Harry
Northey, j. Sheehan, III. G. Holland, Il.
b. Elliott.
The proceedings at the trial yesterday
We're in some respects remarkable and
sensational Mrs. Baptiste's attorneys
made strong pleas to the jury in thei..
arguments and when Mr.. Lamb closed
the peroration to his address, half the
jurors were in tears and dozen women
in the court room cried aloud. Judge
Clancy found 1t necessary to adjourn
court for a few minutes to give the
Jurors and the women an opportunity to
regain their composure. The emotional
incident left in a rather an embarrassing
position County Attorney Stapleton who
was to follow with the closing argu-
ment for the state. He was equal to
the occasion, however and made for
chile and brief. but useless, talk to the
Iax. as
should not be tried on sympathy and
emotion.
His cold proposition, coming on top
of the hot emotions, Jared the defend
ants attorneys and the court, and he
was four or five times interrupted in
his speech, for, as claimed, going out
side the evidence, and was once
threatened with a fine. 1t was but one
of series of sensational incidents that
cropped out during the trial, the final
one of which was witnessed when the
verdict of not guilty was returned.
When court reconvened at 3 o'clock
yesterday morning the county attorney
announced that he had no rebuttal tes-
timony to offer and the arguments were
opened by Deputy County Attorney
Stivers, who made his first address IN
jury in a murder case, and talked for
nearly three hours.
A trial of this nature, in a court of
justice and before a jury, is a trial of
many things besides the prisoner at the
bar, said Mr.. Stivers. 1t is trial of
the strength of the laws, of the power
and right of government, of the duty
of citizens and of the fidelity to con-
science and oath and the intelligence of
the jury. 1t is trial between the
majesty of the law and the right of an
Individual to take that law into her
own hands. 1t is a trial of this issue of
fact, whether or not the laws of this
land are adequate to punish a trans
gressor against the moral law. and
whether or not a person injured, or
deeming herself injured or wronged by
such tranSgreSSon, has the right to
constitute herself not only the judge
in the matter, but the jury and execu-
toner as well. And in the considera-
ton of this case, / beg that the jury
Will remember one important thing and
keep it always before them, and that is
that the law is pre-eminent and must
ever be so. We are not now in the pri-
mary stages of civilization when blood
atonement was the consequence and Sc
quence of almost every crime and
transgfeSSion. We live in an enlight-
ened age. by the law, for the law and
under the law The law that protects
us gives us our rights, and without the
law the vast and beautiful fabric of
return again into the chaotic condition.
the cruelties, the barbarities of the
dark ages. We must obey the law and
we must abide by it. Do not think that
your personal opinions are entitled to
more weight than the coalescent wis
dom of centuries of legislation. Your
verdict should teach this community,
as we'll as all hystericaI and jealous
femininity, that no one can or should
constitute himself or herself an aveng-
ing angel and usurp the solemn func-
lions of the law
Mr.. Stfvers reviewed the testimony to
show that Mrs. Baptiste killed her hus-
band after celebrating upon it for a
long time, and that her actions after
the shooting We're not those of an in
sane person. The testimony was that
she appeared cool and collected when
she was in the pool room where her
husband was employed. After she was
arrested and taken to jail she asked If
she had killed him, and when told she
had not she said she was sorry, and
that she could not see how she could
have missed him as she had held the
gun right up against him. One of the
witnesses testified that Mrs. Baptiste
said she was glad she had not killed
him. but Mr.. Stivers said the statement
OF that witness was easily explained
from the fact that the witness has been
an officer i'll almost constant attend
tHGe upon the ueIen0anI since her ar
rest and his natural sympathy for her
may have warped his recolections of
what she said. Stivers said Mrs. Bap-
iiste was crazy. but she remem-
bered when under arrest that she |
mad held the gun right up against
her victim, and she knew that the gun |
was close enough to kill him, and that |
she must have killed him. She threat |
cned to shoot him some time prior to |
the shooting, but she said she did not |
want to kill him. She only wanted to |
Injure him and make him suffer Per- |
maps, said Mr.. Stivers. she was just a |
little doubtful of what a jury in this /
county would do-just a little doubt |
fui. In speaking of the defense put up, |
the attorney said insanity was a des-
perate defense. 1T was the last desper-
ate resort. 1t is convenient to be crazy |
when a crime is committed, and be /
sane again when the criminal comes
nto the court room. Insanity must be
proven by the defense beyond all rea-
sOuaDia doubt and aSfa hIishad bv a