The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-01

presence Of blood on certain clothing.
did you make any Inquiries as to
the ownership of the property in the
presence of this defendant"
Yes. I went into Mrs. Morgan's
room and Miss Mcdonald was lying IN
the lounge. 1 asked Mrs. Morgan what
to do with the bundle OF clothes. n
Miss Mcdonald old me II was hers
and 10 put them in the closet
on cross-examination the witness adj
hered TO her statements and nothing
new was brought out.
Mrs. T.. O. jackson was the last wit
ness. She was at homo on South Por-
phyry street on the 9Th OF May. she
saw a woman pass the house. She was
tall and heavily built. She walked very
sIowly and carried a bundle. II locke
red. She wore a white sailor hat. She
was going in the direction OF the city.
The witness attention was attracted
10 the woman by seeing her trying to
put the bundle under her skirt. Wit
ness called to her little boy, and when
the woman heard she stopped trying to
put the bundle under her skirt and
went away with IT under her arm.
The place where the child was found
was in close proximity to the witness
residence. Witness did not get a good
look at the woman as she kept her
head turned away.
on cross-eXamination Mr.. Harvey
asked the witness If she could IDENTIFY
the defendant as the one h saw. n
the witness replied she did not think
she a ever seen the defendant be-
fore.
Mr.. Vance announced that the state
rested. and Mr.. Harvey moved TO dis
miss the case.
In opening the argument on the mo-
- 1AnF hA1 I'll
had not been proved that the crime al
legged had been committed either by the
defendant or anyone else. In fact, II
had not been shown a crime had been
committed at all. He pointed out mat
the most competent witness the state
had produced. Coroner Tremblay, had
testified that In his opinion the child
had not died from having IT'S skuli
crushed In by a rock, as alleged In the
complaint, but instead. in his opinion
the child died from want of proper at
tention at birth; which. Mr.. Harvey ar
gued, the mother, whoever she might
have been. was unable TO give In such
a place or i'm the condition she must
have been in. In what followed. Attor-
ney Harvey apparently revealed an
other portion of the line of defense that
will be set up. If a defense is made in
the preliminary or later when the case
comes to trial. He said he had no doubt
that the mother was temporarily IN
sane at the time she gave birth TO the
child and knew not what she did, prob
ably for at least so minutes after the
child was born, and therefore could not
Civ the infant any attention. lt this
were true, she could not be held re-
sp~onsible. Attorney Harvey further
agreed that 1t had not been proved that
the defendant was the woman seen IN
the n~elghborhood Of the prospect hole
on Little Butte the day the murder is
| alleged to have occurred, and closed
with an appeal to the court not TO lock
the defendant up In the county jail
again. alone with her thoughts for, even
IL she were the mother of the child or
was not, the proceedings against her
already had damned her life forever
and she was sufficiently punished.
Mr.. Yancey commenced his reply by
saying il was not a pleasure 10 him TO
have TO prosecute the defendant, but II
was his duty and, unpleasant though IL
was. he must do his duty. He then
read from the statutes to show that IL
was not necessary at a preliminary to
prove the specific offense charged. but
ii there appeared sufficient reason to be
lieve a public offense had been com
mitted the defendant must be held. Mr..
YanCey next turned his attention to the
testimony Of the coroner and said II
mattpred not whether the cnllu Wds
killed by having its head crushed In or
was left to die from inattention. Muir
der had been committed I'm either case.
lie then reviewed the evidence, begin
ming with the testimony OF the witness
Morgan, that the young woman had
been enciente; that she left his house
early Saturday morning, returning IN
the afternoon in a changed condition;
that a woman answering her description
had been seen near the scene OF the
crime by the witnesses Metlander and
Mrs. Jackson: that after her return Ia
the Morgan residence she was Ill; that
blood stained clothing she admitted to
be hers had been found at the house,
and last. her flight from the city under
an assumed name. MIR. iancey said II
the woman was innocent she need not
fear being locked up alone with her
thoughts. He claimed that he evidence
/ pointed clearly 10 her az the guilty per
son and asked that she be bound over.
Mr.. Harvey replied briefly in closing
the argument. after which Judge Trapr
overruled the motion TO dismiss the
case. Mr.. Harvey stated that the de-
Tense did not care to introduce N tes-
timony at this time and asked that the
defendant be admitted TO bail. Judge
Trap signihed a Willingness to grant
the request, but Mr.. Harvey changed
his MIND and asked for time to consider
whether he would make a defense. Mr..
Yancey made no objection n a con-
~tinuance was taken to July 5 at l:SC
p. m. Until that time the defendant
was recommitted. but she will doubtless
be allowed bail.
Vocal and instrumental concert for
] a. nr-a, Ftpl at thA First pTRGhN-