Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-09
Will Contend C0lby'S Wound
Did Not Kill Him.
DEVELOPED AT INQUEST
Will Claim That Operation Was Fatal;
Question Upon Which
Doctors Disagree

Counsel for Harry Peters, the young
man charged with the murder OF E. I.
Colby. disclosed the line of defense at
the inquest on the remains of the dead
man. held last night. The defense will
set up that Colby's deep wound in his
side was not the cause of his death, and
that he died from the effects of the sur
gical operation performed by DR.. Hansen
two hours before the end came. 1t Will
be a doctors war, in which all the
rancor and bitterness engendered by the
smallpox controversy will be brought to
light again, with the same men as prill-
cipals, as DR.. Alexander will be the prin-
cipal medical expert for the defense.
DR.. Hanson will contend that Colby was
at death's door when the operation was
performed. suffering from blood poison
ing; that in the operation he had a slight
chance, and that Colby and Colby's
friends insisted ON the operation. which
was performed after consultation with
Drs. Loebinger and st. Jean.
DR.. Alexander will maintain that Colby
was convalescing when the operation was
performed, and that the operation was
injudicious and was the cause of death.
III GAVIN - ~ ~ Ann 0e
medical experts.
At the inquest last night NJ. L. Wines
appeared as counsel for the defendant,
and the state was represented BY County
Attorney Connolly and Chief Deputy
| Cornelius Kelly. Peters was present.
The story of the was detailed
by H.. L. Simmons. Peters friend and
Colby's rival for the affections of Miss
! Hopkins. Peters was the only eye wit
, ness OF the stabbing.
"We were walking along Park street."
| said he, when we saw Colby approach
ing. Peters said he did not want to meet
Colby, and suggested that we cross the
street. When we met. Colby said: What
have you been doing to Louise?' Peters
replied that that was none of Colby's
business, and Colby insisted that he had.
and called Peters a coward"
Witness heard Colby say "Ill fix you,"
and saw him strike Peters. Them, they
clinched, and witness saw a knife in
Peters hand. They went down together,
and as they got UP Colby asked. did
you cut me?" and witness said. "Now
you have been raising sand on the street.
You had better go home"
Witness and Peters then tried to find
Officer Peters, to have Colby arrested,
and finally went to Peters home, where
they learned of Colby's condition, and
that he had gone to the hospital. Then
Peters went to the city Jail and surren-
UeIeu u oeISednl william MCGrdLn.
You were a rival of COlby'S, were you
not?'' Simmons was asked.
"I-was in love with Miss Hopkins re-
piled Simmons.
And Peters favored your
II don know"
you favored Peters in this trouble
did you not?"
II favored myself"
Sergeant McGrath told of the surrender
of Peters. Peters told him the story Of
the trouble; that he objected to Colby's
attentions to his sister-in-law, Miss Hon
kins. and told her that if she continued
to go with Colby she could not make
her home with him and his wife. That
she declined to throw Colby over and he
peters, ordered her out Of the place.
Robert H. Hopkins, Miss Hopkins
brother, testified that Colby came to his
room IN the night of the trouble, Feb
ruary Is. n told him he had been stab
bed. Witness accompanied Colby to the
hospital.
DR.. j. Newton Alexander testified that
he was called to attend Colby and found
a wound in his left side about six inches
deep. He explored he wound and found
a penetration of the pleural cavity. He
placed a sterilized drainage tube in the
wound leaving it there until the dis
charge had almost ceased when he put
In a capillary gauze drainage to allow
the wound to heal. Colby improved
steadily.
MI 0oOuW III Oh the Witness or
the day Colby died. Goodwin said Colby
was discouraged and asked witness to
consult with another physician, suggest
ing DR.. Hansen. Witness declined to
consult with DR.. Hansen. Later he learn
ed that DR.. Hansen had seen Colby and
had decided to perform an operation.
Witness declined to have anything fur
ther to do with the case. On the night
before the operation witness sat up in
bed and his temperature was normal.
/ VNIfnnC0 nf tho np3nin~ That C1n,s.
death resulted from the operation.
DR.. Johnson who was called in consul
tation with DIR. Alexander said he
thought very favorably of Colby's re-
covery. He did not consider the wound
as necessarily fatal and regarded Dr..
Alexander's treatment proper.
DR.. r. G.. Heine's testimony was along
similar lines.
DR.. H. H. Hansen was then called. He
testified that Phil Goodwin called at his
oflice and requested him to see Colby.
He was told the attending physician had
been discharged. He called on Colby
and found him in a very bad condition.
evidently suffering from blood poisoning.
Colby was SO weak he could not speak,
: His temperature was 101H and his pulse
80. His abdomen was greatly distended
and a foul Odor came from his wound,
He expressed an opinion that Colby
could not live "a hours. and when asked
what could be done said an operation was
MS only hope. Colby's friends asked
him to perform the operation and said
they would take all responsibility. Colby
told witness assistant, Londoner, that he
wanted the operation performed under
any circumstances Witness then de-
scr,oea the operation: Il found the cur.
said he. "and I removed about eight inch
les of 1t. which was soft and gansrenous,
His bowels were all matted together. and