The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-09
EMMA BAPT|STE'S TRIAL
The Case Finally Called in Judge
Clancy's Court.
FIRST PANEL EXHAUSTED
The Defense Will Probably Be Plea
of Temporary Insanity as Indicated
by the Questions Put TO the
Jurors by Her Attorneys.

Emma j. BaptlSteS lrlai on the
charge Of killing James Baptiste, the
man whom she claimed as her hus-
band, was finally called in Judge Clan
cy's court yesterday morning, but 1T
did not take long to exhaust the reg
ular panel of the jury and the case then
went over until Friday morning. The
trial promises to be an hystericai affair.
Mrs Baptiste has never been in court
since the murder that she did not cry
and carry on SO that her lawyers and
attendants had to support her, though
during the brief proceedings yesterday
she was comparatively collected. Only
when she was first brought into court
did she cry. She was dressed in deep
black and wore veil over her face.
She was accompanied by her sister and
Miss Flora Green, who had interested
herself i'm the case. Ed Wright, friend
of the defendant, and several lady
friends of Mrs. Baptiste were also in
court, The defendant was represented
by Attorneys Clinton and Lamb. and
the state by County Attorney Staple
ton and Deputy Stivers. The questions
asked of the jurors by the defendants
attorneys indicated that the defense
will be insanity at the time of the COM
mission of the murder, and that she
was in such a condition of mind as to
have been unable TO form an intent.
The first II men called into the box
were Fred PETERS Richard Barry. r.
+ Trnli CON sullivan. James David
son. Frank Ambrose, l.. d. Aiken, y.
4 Nichols. Michael Lehman, Isaac
aaoan William Peters and William
Forrest.
THE penalty for murder in the first
degree is death by hanging, said Mr..
lions 10 the Jurors, would YOU have
any scrnnles against finding this de-
fandant guilty. of murder in the frs
DECREE nroyided the evidence warrant
ed y,
No sir was the usual answer.
.xyould tba fact that this defendant
is = woman have any effect whatever
an vou in finding a verdict i'm this
oa,a',n
mo sir,
..If tha evidence should be sufficient
Ia nrove the defendant guilty beyond a
rea sonahle doubt would you so find by
,e ,Sardict i,,st the same as if she
S ya, J n,an9a
.yes sir
~ would make absolutely no differ
ancao,,
.eNo sir"
Richard Barry and l.. A. Nichols
,,,ara axcused because they had opin-
ions. Andrew guilty and Ed Rowe,
two Jurors called. were let off because
tbay said they could not convict a per-
son on circun1stantial evidence
IN questioning Mr.. GUILTY on the sub
iact If cireutnstantial evidence Mr.
Stapleton asked:
..Iyould Won have to be convinced to
Mathematical ar moral certainty?"
.Hold on there. Mr.. Stapleton, don't
aslx thar kind az n question" inter-
r,nted the court. There is no math-
a,natical business about it."
Non, Rertaglfo was called and passed
and William Peters was excused be-
canse he had formed an opinion. James
Rvrne also had an opinion. Peter j.
McDeruott was DISQUALIFIED by reason
~ bis onnosition to circumstantiaI evil
dance WHY the question of circum-
stantiaI evidence was urged so strongly
was moi apparent TO those familiar with
the crime as every act of it was done
IN the nresenca of witnesses and
was reneatedly admitted by the defend
ant
q Goodland the next Juror called,
was nassed and Con Sullivan was ex-
cnsad because he was opposed to capt.
tai punishment. Thomas Davis said he
had an opinion but could try the case
fairly and imnartiaily Notwithstanding
that fact.
..yyouId the fact that the defendant is
a woman influence YOU in any way?'
Nat al all
Mr. Davis however said he could
moi convict on eircumstantial evidence
and was let off. William Nankiyel was
called and passed after he had an
swerad all Questions satisfactorily
Harry Nortbey could offer no reason
wbv he could not serve fairly and i'm
nartiallv as a Juror. James Davidson
said he had never formed OF expressed
an oninfon on the case and did not re-
member ever discussing it with any
one The fact that the defendant was
a woman and that punishment for muir
da,, in The first degree was the penalty
fo,. nurder in the first degree made no
diffarence IA him.
William Forrest, the next man ex-
amined who said he had lived in Butte
for. IN years also answered satisfactor-
Nv al, Questions and was passed.
Frank Ambrose said he had heard
about the case but had never read
about II He had an opinion but did
not think il would affect his consid-
GRAFTON of the case. This concluded the
examination of the Jurors in the box
nv fine county attorney. and Mr.. Clin-
ION took up the examination for the