The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-21
ON CHARGE OF MURDER
The Preliminary Examination of
Richard Baker Begun.
WERE NO EYE WITNESSES
h Defendant Claims Cavanaugh, the
Victim. Assaulted Him First. Where
upon He Defended HIM.
self With an Axe.

The preliminary hearing Of Richard
Baker on a charge OF murder in the
first degree for the killing Of Thomas
C~avanaugh. the former foreman of the
RamsdeIl-Parrot mine. in the middle
part of September last. was commenced
yesterday afternoon before Justice of
the Peace L~aurandeau. The hearing
was not finished. as some of the states
witnesses were not present. and after
the greater part OF the states case was
in. al adjournment was taken.
On he morning of the 18th of Sep
TENDER, Cavanaugh was found bleed
ing. near the cabin OF Richard Baker
on the Hesperus lode and taken to st.
James hospital. where IL was found he
had sustained a fracture of the skull
that would doubtless prove fatal. 1t
was not known to the authorities how
he received his injury till the following
day. when II was learned Baker was
responsible for Cavanaugh's condition
and he was arrested and held. pending
the result OF Cavanaugh's injuries.
There were no witnesses to the trag-
edy aside from the principals. Baker
claimed C~avanaugh came into his cabin
without invitation. and when ordered
out. assaulted him. whereupon he
picked up an axe tn defend himself and
struck his assailant. Cavanaugh died
about two weeks later and Baker was
charged with his murder.
At the hearing yesterday. Deputy
County Attorney. Stivers appeared for
the state. and Attorneys Cason and
Marsh for the defendant. Baker. who
Is an old man, was I'm court. and sat
between his attorneys. Quite n crowd
Of spectators listened to the proceed
ings.
DIR. j.. Newton Alexander. hospital
surgeon at st. James hospital. who
had charge of the treatment of Cava-
naugh's injury. was the first witness
called. He described the nature of
Cavanaugh's injury as n compound
fracture of the skull. He was examined
closely on cross-examlnation as to
whether the treatment Cavanaugh re-
ceived. had anything to do with his
death. n said II had not. The injury
was necessarily fatal.
w. j. Queen was the next witness
called. He testified that he came home
from work In one of the mines on the
morning of the 18th. As he approached
his home on the Hesperus lode. his at
tention was called to C~avanaugh, who
leaning against Bakers cabin.
bleeding profusely. Witness took him
int his house. washed him. and then
him to the Sisters hospital. When
the witness asked Cavanaugh how he
got hurt, he got no satisfactory reply.
Witness talked to Baker. who said
Cavanaueh was going to kill him and
he picked up the axe to defend him
self.
Mrs. Queen. wife OF the preceding
witness. was next called. She saw
Cavanaugh at the time her sba
brought him into the house to wash
him. hut she knew nothing of the cir
cumstances OF the assault.
Queen was recalled and asked how
he had known Cavanaugh. He
replied hat he had known him eight
years. He knew his reputation for
peace n quiet to be good.
Cross examined. the witness con-
fessed he had heard C~avanaugh was n
little wild.
Mrs. Anna Lamphire Of 400 East Sill
yer street testified that she lived i'm the
house adjoining the cabin of Baker and
against Baker's cabin about Z
in the morning. but knew none
of the facts relating to the assault.
Robert J.. Ball. brother-in-law OF
said he saw Cavanaugh at
Sisters hospital the day following
the assault. He a no hope that. he
could recover. Asked IL at any time
said anything to lea to the
belief in ~Cavanaugh's mind. that he
must die. the witness said he was
with commissions and a~fterward
IL was all up with him.
The object of the examination was
to ndeavor to get in n dying state
but the defense interposed OBJ
n after a recess to allow
Stivers to consult with the
to ascertain what he knew, the
exa animation was dropped.
At this time an adjournment TO next