The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-10-31

into his head, or words to that effect
The above goes to show that Brooks
became worse in his actions after the
opinion Of the supreme court respecting
his case. Although Brooks has given
up all hopes of escaping the gallows,
his attorney, grasping at a straw, is Ell.
%deavoring to have him %adjudged a fit
subject for the insane asylum, after
having committed II of the foulest
crimes in the history Of Billings. His
attorney last week moved that the court
appoint a jury Of twelve men to sit and
examine into the defendants insanity,
and cited the law for such a request.
The court anticipated such a move and
had appointed the board of three ply.
s%icians. mentioned before, to inquire
into Brooks sanity. The court, as
we'll as the county attorney, had also
visited the Jail and were Of the same
opinion as two of the doctors-that the
condemned man was Stimulating insan-
ity. The court therefore refused to en-
terrain the motion and proceeded to
again sign the death warrant. The de-
PENDANTS counsel then excepted and
notified the court that he would ask the
governor to grant a reprieve, while
waiting for the supreme court 70 renew
his bill of exceptions. Whether or not
he will pursue this cours remains to be
seen. On Saturday he engaged Drs.
Rinehart and Hogan to examine the de-
PENDANT and intended to be guided as
to future action by their report. The
physicians were permitted by the court
to visit Brooks. Just what their re-
port was no one but the defendants
counsel knows, but tits said that Dr..
Rinehart advised MIN to drop the case,
as he was of the opinion that Brooks
was not insane. When asked yesterday
what he intended doing, Brooks coun'
sci said he did not know just ut pres.
emit, and refused to make known the
opinions of Drs. Rinehart and Hogan.
He stated that he was somewhat inolln-
ed to drop it, as public sentiment
seemed to be in favor Of Brooks hang
ing, ever if the man was insane.
Brooks has displayed a remarkable
trait of character, in that his stubborn
ness is %unexcelled. Kind remonstran.
| ces have. failed, cold water baths from
q hose have made him all the madden
and there has been but one way of
quieting him or keeping him from sing
ing constantly, as he has been want to
do since refused a new trial. The gag
has been a most effective means. AL
though he has always seemed to be on
his guard against displaying any move
that would reveal his deception, on
two or three different occasions he has
forgotten himself. When the gag is
placed in his mouth Brooks il hand
cuffed and allowed to roam around in
his cell. Not long since he had Oh one
or two occasions pulled the blankets
and mattress off his cot onto the floor,
it being just one Of his bullheaded acts.
After the second time he was 1emon-
strated with by Jailer Harding. who
told him that another such act would
result in his receiving a good whipping
with a piece ..of rubber hose. But
Brooks needed nc second caution. He
was sane enough to know what that
meant aud the attempt was never re.
peated. Just before being brought into
the court room last Thursday Brooks
was taken into the sherif's office and
the gag taken from his mouth. He
was then marched up stairs. He would
not have impressed anyone with the
idea that he was insane other than his
way Of rubbing his handcuffed hands
together. He was quiet in the extreme
and when motioned by Jailer Harding
to take a seat, refused to do so and for
got himself by answering mo- SO in.
telligable that several persons sitting
nearby heard it. How strange that he
should remain standing there for sever
al minutes without uttering Il word,
while the court was occupied with
other matters, but tho judge had hardly
announced this case in which he was in.
terested when he began to sing and it
was necessary to gag him. There is no
disputing the fact that he knew perfect.
ly we'll everything that was transpir-
ing in court, as we'll as recognizing
every person in the court room. AL.
though he kept shifting his position in
the room and his eyes roaming On the
space in front Of him, neither his bear.
ing nor the look in his eyes were those
of an insane person.
Sheriff Hubbard is making every ar.
rangement for carrying ont the order Of
the court, and Brooks will hang Oh the
morning Of Nov, "a, unless the gov.
ernor interferes, which Is hardly
thought possible. The gallows on
which Brooks will expiate his foul
crime will be patterned after that Of
Lewis and CLARK county. on which Joe
Allen. the young half breed, was hang.
cd in Helena last month. The plans
were received yesterday and Il, II.
Gagnon has been engaged to erect 1t.
II Ia a very simple structure, being
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