Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-06-27
CO[bY'S DYING
STATEMENT
DEPOSITION OF ROY s. ALLEY
ADMITTED AS TESTIMONY
THIS MORNING.
IT IS CORROBORATED 4
By MISS HOPKINS.
Colby Knew That He Was Going to
Die-Contrary Opinions Of Rival
Physicians.

The trial OF Harry w. refers ioT the q
Judge clancy's court this morning.
was made by the attorneys for the prisoner
to prevent the deposition Of Roy 5. Ailey
from becoming a part of the testimony &c,
not lay the proper foundation for the N.
PRODUCTION Of the dying statement OF
Colby; The a matter WAS th are 1nsxe at d ,eased
! that, in the position it then was, It's m
production would not be proper, because
| his statement under an impending fear OF
death as a result of the wound. Inns
morning. however, testimony TO- snow tn at
believed, and had been informed, thai
death was inevitable. Then the county at
torney again brought out Mt; Alleys dep o.
objection was interposed, but the court
overruled 1t and the county attorney read
th It s aepSsea'9 }ha t. Alley lie had had experienced some
trouble in wringing from those who knew
the details Of the assault and the causes
desired to possess himself as a public of1-
cial. acquiring such knowledge only AFTER
laying y made ndae,thrseaa threats s to fh5 jan re efoss h 10 ie1i'
It also demonstrated hat Colby, on the
night of the stabbing, considered himself
the Operating room the wounded man said:
Roy, it's all off with mel"
The deposition was submitted only as q
/ DART i Lie l0SllllOuyS J AoN 49, oASSS
to enter the evidence as a written docu-
ment. .
dying statement without Mr.. Alleys depo-
sition,'' said Mr.. Connolly.
Miss Hopkins was then called to the wit
xvii you tell us what Mr.. Colby said
in relation to the meeting OF Peters ana
Colby on Park street?' asked Mr.. Con-
molly. -
The question met with an objection, on
the ground that what Colby said to Miss
Hopkins was not said under a sense OF i'm
Another argument followed and the pros
ecution was given the decision by the
The form of the question was hanged
and the witness said the doctor had said
that Colby would die. She then repeated
the statement made by Colby to Alley as
near as she could remember 1t.
"He said he had met Harry on Park
street and asked him what he had been
of his business and struck him, Colby, with
his left hand. Then they had EXCHANGED
b bIsSst and A. Colby en}y he heard fso a, fllc Hairy in Hs haG :
g men ana Ma ne sane he D said. had then stabbed
II will ask you if in that statement Colby
said that as Peters struck with his LETT
hand he pulled with the left?'
The heavy brown overcoat worn by
Colby at the time he received the death
wound was offered in evidence and shown
We're still in it.
When the foundation for the introduction
of Mr.. Alleys deposition was being laid
NJ. M. Miller of the Miner testified that or
the night of the stabbing he had visited
Colby at the hospital just after Roy, s,
Alley, the deputy county attorney, mac
taken Colby's ante-mortem statement II
said he had a talk with Colby and Colby
had told him he was going to die and gave
directions as to the manner in which his
funeral should be conducted.
!, him Father Callahan had just administered
clan had told him he could not live,
IT asked him how it all haprened,, saie
the witness, land he said he would tell me
but he had just told it all to Mr.. Alley ant
I could find out all about it from him
that he was too weak to repeat 1t. 1t wa
t With VI difficulty that he told me what n
Mr.. Miller was not c~ross-examined. Al
attempt was made by the defense to pre-
. vent the witness from telling what Cobb!
said, but the court decided that the test
e mony would be competent and admitted !
: At this point the state rested Its side an,
e the defense asked for and was given unit
' Q o'clock to get its half In shape for pre-
> At the late afternoon session yesterda
DIR. J. w. Alexander testified that Colby
death t, was n due to an IN ,n'ua an alrea adys' en
r feebled constitutions; that he had the cas-
for three weeks; that a change of doc
tors was made through the influence c
one of Doctor Hanson's agents.
On the other hand DR.. Hanson attribute
the immediate cause of death to the opel
alton, but qualified the statement with tn
remark that, 1t was the only nm tna
life. as blood poisoning, caused by tn
wound not having been properly attende
by Dr.. Alexander, had set in.
A.