Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-06-15
PETERS CASE
IS CONTINUED
ABSENCE OF DIR. WELLS FROM
THE CITY MADE POSTPONE
MENT NECESSARY.
HE MADE PORT-MORTEM
EXAMINATION OF COLBY,
Case Will Hang Upon Question OF
\ Whether the Wound or Operation
Caused Death.

The trial OF the case of the state
against Harry w. Peters. charged with
numbering Edward T. Colby with a
dagger, IN West Park street, a few
months ago, because Colby had taken
him to task for interference in the love
affair of Louise Hopkins and himself.
was to have been launched in Judge
Clancy's our this morning, but the alb
sence Of DR.. Wells from the city neces-
sita ted a request from Mr.. Connolly for
q continuance until the latter part OF
next week. In making the request Mr..
Connolly stated that Colby had been
stabbed by Peters and died two or three
weeks later; that a question as to the
cause of death had come up; that prior
to Colby's death a change in physicians
had been made and Colby had been op-
Grated upon; that he had died shortly
afterwards, and the claim was advanced
that the doctors had killed him. In
order to satisfy themselves on the prop
osition the commissioners had DR.. Wells.
a disinterested physician, make two 'au-
topsies on the body Of the dead man,
one shortly after death and the other
later on. AS to the doctors deductions
on one of the operations he was prepared
to make an affidavit and submit 1t to
the court, but on the other he a not
been advised, and therefore woul be
compelled to ask for a continuance until
the return of Dr. Wells, which would be
about next Wednesday or Thursday.
While Mr.. Connolly was talking M. L..
Wines, who has been engaged as one OF
the defendants counsel, fearing the
county attorney would say something
detrimental to the interest OF Peters,
wanted to know the purport of the talk
and was satisfied when told. He a
that so far as his side was concerned he
would like to have the n affidavit of
DR.. Wells submitted, and possibly the
defense would admit it's contents.
Judge Clancy then took a hand in The
proceedings. He said that while seated
in the rotunda Of the Butte hotel last
evening DR.. Wells had called him to
one side and quietly informed him that
it was necessary for him to accompany
to st. Paul the body Of an old nurse at
his hospital; that the body was to be
cremated. He said he considered it a
very peculiar proceeding. He had a jury
on HAND drawing So per day per man and
nothing for it to do.
In closing his ak the judge said he
would give Mr.. Connolly until l o'clock
to p his affidavit, and the matter
was dropped until that time. 1t was
afterwards learned that DIR. Wells had
been served with a subpoena as a
witness until after he had bought his
railroad ticket for St. Paul.
During the session of court the pris-
foner, a great big, stout. husky looking
a sandWiched between his mother
and wife. A few yards back of them sat
Miss Louise Hopkins, h younger Mrs.
Peters sister. whom Peters compelled
to leave his home on the day of the
tragedy because she had decided to be-
com the wife of Colby. Beside Miss
Hopkins sat Colby's old mother. Both
Mrs. Peters, the mother, and Mrs. Colby
were dressed in mourning.
The name of George w. Stapleton has
been added to the corps of attorneys for
the Defense. Major Martin Maginnis is
also one of Peters legal defenders, but
he was not in court today.
At the time of the killing Peters was
employed as a bookkeeper for the D.. J.
Hennessy Mercantile company. Colby
wa formerly employed as a solicitor OF
Senator w. A. Clark's newspaper.
When court convened this afternoon
the county attorney presented his affi-
davit and the judge granted a continu-
ance until the 21st.
The names of Mrs. Colby, mother of
the murdered man, and Miss Louise
Hopkins were endorsed as witnesses for
the state. An objection vas made, but
the court overruled it.
The affidavit alleges that DR.. George
H. Wells will testify that E. T.. Colby
came to his death as a result of the
wound inflicted by Peters and not by
means Of the operation performed by
doctors; that DIR. Wells is prepared to
show without doubt that Colby died as
the immediate result of the wound in
f1icted by Peters dagger.
rho host of all kinds Or sewing ma.