The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-19

half an inch in depth. 1t had been.
made by dull instrument of some
END. Under certain circumstances it
could produce death by concussion.
After his first examination, he was in
structed to find out whether or not
death had been caused by drowning. He
first took out the lungs. They were de-
void of water and were light and full
OF air. The heart contained thickened
black blood. The stomach was almost
empty, containing only about four
ounces of food. No water was present
in the stomach. 1t was the witness
opinion that the body was dead before
it struck the water. In cases of death
from drowning. there is foreign mat
ter present in the lungs, stomach, wind
pipe or some organ of the body. 1t was
not necessary for him to examine the
brain matter to determine if death was
by drowning.
From appearances. he would judge
that Benson was about 46 years old.
The body was in a healthy and we'll
preserved condition. Decomposition
had not begun. The contents Of Deer
Lodge river are peculiar and body
will be preserved for some time there
in. The water contains arsenic.
On cross examination, DR.. HoWSley
testified that from general appearances
he believed the man had not been dead
very long. He could not tell just how
long, but when pressed for an answer
said from one to six days. There was
no fracture of the skull. He could not
say if the wound was sufficient to
cause death. AT no time did he try to
find out the result of the wound upon
the head. There We're no other marks
on the body
Then Mr.. Walsh went into the au-
thorities concerning drowning. The ex-
animation was long and exhaustive,
and covered about all of the medical
statistics on drowning. Dr. Howsley
said that in nearly every case of death
by drowning, water would be found in
an organ which he called the middle
ear. There would be no water in the
middle ear unles it was present in other
organs also.
Concerning the wound, Dr. Howsley
said there was not much bruised flesh
around it, In answer to a question he
said that a person falling a distance
of Is feet, the head striking on a per-
fectiy fiat surface, might sustain such
a wound as was found on Benson's
mead. 1t might be sustained also by
falling upon jagged edge of a rock.
The witness could not tell from the
wound alone whether it had been caus-
ed by falling or from being struck with
a club.
After further questioning as to the eff
fects of blows, Mr.. Walsh asked the
witness it it We're not possible that in
railing. the vertebrae of the back might
be broken, the fractured bone press
upon the spinal cord cause instance
Gus paralysis, and suspend animation
SO that inhalation of water into the
lungs or stomach would be impossible.
The witness thought that the time be-
tween the paralysis and the immersion
IN the water would be too short to
allow complete suspension of anima-
ton. He was next asked if the lungs
did not stop as soon as the brain in
case of paralysis. The witness said
that practically such was the case. Is
it not fact that if a person, as in this
case, fell into the water at once after
paralysis, that the lungs would hardly
draw in water? questioned Mr.. Walsh
DR.. Howsley said the involuntary ac-
ton of the lungs would draw it in.
On redirect examination, the wit
ness said there We're no indications
of paralysis or apopleXy. He told of
his finding blood on Bensons coat and
shirt. The blood seemingly came from
the wound in the head. The spot was
about as large as human hand. He
thought if the body had fallen off the
bridge the blood would have been wash !
ed away. Therefore, the blood was
there before he fell into the water.
said he did not make an analytical ex-
animation of the blood, but could tell
it was human blood from it's color and
general appearance. He thought the
wound in the head might have been
caused by fall upon a timber near the
bridge. 1t could not have been made |
by falling on rock at an angle, but |
might by falling in a horizontal posi-
ton and striking the rock squarely.
Dave Sheffield was the next witness. |
He knew Benson by sight He saw
him dead in the river at about 3 |
o'clock on Sunday Nov. g. The witness |
described the position of the body in |
the river: There were only - or IA
inches of water where the body lay |
Mr.. Sheffield saw the tracks of the |
shoes in the soil on the bank. After |
seeing the tracks he went to the pump |
house and arrested Sheppard. He took
Sheppard to the river and told him to |
take off his shoes. He then saw that
the man had not the shoes on which
made the tracks He took Sheppard to
Jail then and went to the place where
a bundle of Sheppard's bedding was.
He found the hobnailed shoes in the
roll. They We're soaking wet and on
the soles between the nail heads was
sediment of the same nature as that
which formed on the river bank.
Mr. Duffy here offered the shoes in
1NIdCHSC, dilu THEY were passed. 10 the
Jurors for examination
After finding the shoes he fitted one
Of them in the track 1t seemed to fit
snugly.
The witness said he was present
when Mr.. Powell and the defendant
lad the conversation at the Jail. He
accompanied Mr.. Powell when he went
o the jail to read the complaint.
There were no threats. inducements or
,ffers of reward made to Sheppard for
he purpose Of obtaining state
nent.
Mr.. Walsh again exercised his right
o examine the witness before he testi-
led to any matters relating to a con-
ession. Mr.. Walsh asked the witness
+ he did not tell Sheppard that if he
lid not confess it would go harder with
him than if he did. The witness re-
,lied that he did not.
The witness said when he first put
Sheppard in Jail he asked him if he
we're not cold and if he did not want a
ire. Sheppard said no; that he was 60
ng to walk all night and that would
,eep him warm. He did not want any
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