The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-13

done the shooting. lie followed her
west on Broadway and when she
reached Academy street she sank or fell
to the ground. She was taken to the
city Jail.
AT the jail she asked me if she had
killed him. said the Captain. Il asked
her whom she had shot. She SAID she
surely must have shot him, because she
had the gun right up against him, Mr..
Sidley told her that she had not touched
him and she said she was sorry ana
that she was glad she had done IT,
DIR. Wells, who attended Baptiste
testified to the nature of the wound.
He said the bullet had penetrated the
liver and hit the spinal cord lie was
paralyzed below the waist. lie lived
about As hours.
J. w. Nash a witness who was
brought into the court room on an at
tachment, testified that after the
shooting he picked up a letter in the
little box adjoining the pool room He
glanced at the letter but could not tell
what 1t contained or what name, II any
there was To IL. Nasns testimony was
unimportant and he was soon excused.
DR.. Sheerln testified that he perform
ed an autopsy on the body of Baptiste.
He found a penetrating wound on the
right side and a bullet wound through
the chest, through the left lobe of the
liver and through the vertical bone. the
bullet lodging in the substance Of the
spinal cord. The doctor took out the
bullet and ii was introduced III eki-
dence.
NJ J. Sullivan was recalled and testi-
fled that he was with Baptiste at the
hospital and had talks with him about
his expectations of living. About
o'clock on the evening Of the second
day Baptiste said 1t was all off with
him. that the pain was too great. and
that he could not live until morning.
Up to that time he had been hopeful Of
recovering from his wound. The wit
ness was asked as to any other dying
statement he had made relative To his
injury, but the court ruled that 1t had
not been sufficiently shown that the
statement was made In fear of i'm
pending death, or that The statement
was made as dying declaration TIE
court said ii must be shown that the
statement was made and intended to be
his dying declaration. In answer to
further questions the witness said Bap-
tiste told him he was growing weaker
and expected to die at any moment.
and he wanted the witness to carry out
some wishes for him. Mr.. Clinton
again objected to the proposed state
ment unless it was confined to the
cause of death. The witness was finally
permitted to answer. and he said
He said that the woman With whom
he had lived for several years was not
his wife, and that Ii was her that shot
him"
THAT is this defendant" asked the
court.
Yes, sir" answered the witness.
H. b. Brasher, trained nurse at Wells
hospital, testified that he attended Bap-
tiste from the time he was brought to
the hospital until he died and was pres
ent when the operation was performed
About 3 o'clock on the morning of the
day on which he died, Baptiste said to
the witness: Il can not stand this
much longer: I'm afraid / am a goner"
Now YOU may state whether Mr..
Baptiste said anything regarding the
cause of his death at that time said
the court after a number of objections
had been made, argued and oyefrufed.
i did not say anything was the
surprising reply of the witness He
said, however, in answer TO other ques-
lions, that at 6 o'clock on the same
morning he made another statement.
Miss frankie Bell and myself and
another fellow were in the room al the
Time" he said. He turned around to
this woman. frankie Bell, and said. I
die game you are my true and legal
Wife /"
The answer of the witness was order
ed stricken out, and he was excused.
Mr.. Stivers. at 2:20 o'clock in the aft
ernoon, announced the close of the
states case. Attorney Clinton made an
opening statement 10 the jury in be-
half of the defense. and said testimony
would be introduced to show the life of
the defendant and the deceased during
the past six or seven years. Ii would
be shown, he said, that during that
time. they lived as husband and wife
in Butte, and for five years of that time
there was no happier home In the city.
There was no more patient or devoted
wife in Silver Bow county. She was
a happy, centented. gay woman. She
was satisfied with her life and carefully
and diligently looked after the welfare
and comfort of James Baptiste. This
condition continued up to about May ;,
1897. About this time she became
stricken with disease and after she had
tried all the skill Of physicians in Butte
she was prevailed upon by her friends
10 go TO Kansas City and place herself
under the treatment of Dr.. j. w. Mi
ner an eminent specialist, and she left
for that city ON May .. On the recon-
mendation of DR.. Miner she boarded
greatly attached to little girl
in the family and had her
with her almost constantly until
she received information from Butte
that James Raptiste Was devoting his
attention to another woman. She be-
came greatly distracted upon the re-
ceipt OF this information, and her con-
yersation became incoherent and dis
connected. The landlady noticed her
changed condition and was afraid to
let her child 80 with Mrs. Baptiste after
that. She often cried and complained
of violent headaches and several tines
said she had a notion To jump off the
Hannibal bridge, and on one occasion
stood in front of "A street car and
was removed from the track with some
difficulty. When she came back to
Butte all her friends noticed the great
change in her. She talked about James
Baptiste constantly. and got all her
friends to assist her in trying to get
Baptiste 10 come back to her. For two
months she did nothing hut try to in
duee him To return to her About this
time letter was received by her from
Baptiste's people Who live in Illinois,
telling her that she had better blow
his brains out or shoot him through the
heart. She was without means and
was Il wandefer in the city and lived
"a al ~ fri Clinton Sa5I