The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-10-27
Will Hang NOV. q
Nothing but Death or Reprieve
Stands Between Brooks
and the Gallows.
IS PRONOUNCED SANE
By Physicians and the COurt-Tried
the Crazy dodge in Court.
Had to Be Gagged.

In the district court yesterday after
noon, Judge LOnd again set day on
which W. G. Brooks shall be executed,
and nothing but the Intervention Of
death or reprieve from the governor
of Montana can save the murderer from
death OH the gallows Oh Friday. No
venber "a, 1899, four weeks from to-
day, and just one year and six days
from the day on which he killed his
wife. which was Friday, Nov. IS, 1898.
Brooks was brought into court by
: Deputy Sheriff Sayles and Jailer Hard
ing. Brooks is little thinner in his
features and has grown heavy mus
tache and cote. From the Jail to the
court room he kept rubbing his hand.
cuffed hands together. After he had
been in the court room few minutes
he started to sing, when the officers
placed the gag, which has done such
good service. in his mouth. Of course
he stopped singing He refused to sit
down and remained in standing posi-
tion, swinging himself and stepping
from one side to another during the
proceedings while Jailer Harding kept
hold OH his arm.
In opening the case tho court asked
if there was any reason why sentence
should not again be pronounced. In
answer the attorney for Brooks arose
and objected, upon the ground and for
the reason that the defendant is insane.
He asked the court to impanel jury to
inquire into defendants insanity and
offered to prove at that time that the
defendant is insane. The court then
said that he bad been apprised that the
defendants g counsel would make such
motion and in view of it the court. to-
gether with the county attorney, had
made personal examination as to the
defendants insanity, had also appoint.
ed three regularly licensed physicians,
residents of this city to do likewise. and
that each of the physicians had filed
their affidavits. The first was that Of
DR.. r. P. Townsend, in which he said
that in his opinion the defendant, W.
@. Brooks, was perfectly sane, al
though making every possible attempt
to make it appear that he is insane
He also found Brooks in perfectly sound
health. DR.. Baxter, in his affidavit.
said he found Brooks in very good
physical condition considering his con-
finemept. The prisoner was very mo.
rose and silent, refusing to talk. He is
of the opinion that one could hardly
judge of his sanity unless they had
chance to study his condition more
fully. DR.. Armstrong, the third ply
sician, said in SO many words that he
did not consider him insane. In addi-
tion to these were filed affidavits of
Sheriff Hubbard, Deputy Sheriff Sayles
and .Jailer Harding. The first Of these
off cials did not see much of Brooks and
therefore was not able to Judge, but the
other two stated that they did not be-
lieve him insane.
The court then said that it was of
the opinion that the defendant, since
being apprised of the decision of the
supreme court refusing to grant him a
new trial, had tried to simulate insan.
ity, and that it is the courts opinion at
this time that he is sane. The court
then denied the motion Of defendants
counsel and right to file affidavits III
support Of the same. after which the
court set Nov. "a, 1899, as the day for
the defendants execution. Thereupon
the defendants counsel interposed an
exceptance and asked time to file bill
of exceptions. The court notified him
that since the Judgment of execution
had been signed. it would be necessary
for him to look to the governor, in
which event he must apprise the court
Of such procedure. This the counsel
did by saying that he would ask the
governor to stay the execution, pending
the courts decision on his bill of excep-
tions. He wanted thirty days in which
to file his bill of exceptions. To this
the county attorney objected saying that
he could get his bill Of exceptions ready
inside of twenty -four hours. The court
then notified the counsel that it would
allow him ten days in which to file.
The court thereupon remanded the pris.
oner to the custody Of the sheriff to
carry out the Judgment of the court.
The affidavits Of the Jail officials
show that Brooks has kept up his sing
ing and yelling almost constantly since
last July. when the supreme court de.
MED his motion for a new trial. Pre-.
vious to that time he acted naturally,
but has pretended to be crazy ever since.
especially when there are sny strangers
about the Jail. He has given the
officials no end Of trouble and annoy
ance and they have been unable to do