Daily camera., 1901-10-23
T0DAY'S PROCEEDINGS.

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alton being admitted in evidence at al
on the ground that it was unconstitu
tional. The constitution Of the state c
Colorado provides that a defendant ma
confront and examine all witnesse
against him. The old common la,
made an exception to this rule in favo
of dying declarations but it was ASSERTED
tha, in the absence of a statute, dyinj
declarations are inadmissable in thi
state. The question will be novel on
If carried 10 The highest courts, but th,
declaration was admitted this morning
J. w. Cumming the stenographer
testified 10 the taking Of the dying
declaration.
John Doyle failed to respond 10 hi!
name and Sheriff Sipple declared thai
be believed witness TO be in hiding te
evade service Of subpoena, though be
later declared that be had no real reason
for so believing excep, that Doyle could
not be found.
J. H. Young testified to meeting Peter
Lamm on the street about 4 o'clock and
that Lamu told him he was looking for
Ables. If he (Ables) did 1 OF take back
what he had said, Lamm declared he
was going 10 give his wife revolver
and have her 60 around and kill him.
T. B. Compton heard the shooting and
high words that preceded it. He ran to
the scere and Abels declared be was
killed. "ll's awful Tor kid like me to
lie this way" said Ablss.
The people rested at this point. hav.
ing introduced ali the testimony for the
prosecution. Attorney Es,eb's address
to the Jury outlining the intended de-
tense closed the morning session.
The testimony of Mrs Lamm occupied
the whole Of the afternoon. She made
An excellent witness and created a good
Her version Of the story is
submitted without common. as follows:
She and her husband went down there
on the evening Of the murder. Without
her husbands kno oxledge she concealed
a revolver IN her dress. being afraid OF
Ablss. She persuaded her husband
against his will to take her to see
Gully, hoping TO hear him re,ract
the slanderous statements he had made
to her, Curley received her in surly
and offensive manner. and refused to
retract. He grabbed her arm and made
a motion toward his hip pocket, where.
upon she fred toward the ground. hitting
him in the leg. Then both Curly and
her husband grappled with her forcing
her back and in the melee the weapon
was discharged second time. inflicting
the fatal wound. Mrs Lamm denied all
illegal intimacy with deceased and
branded his statements to that effect as
false,
Drs King and Queal testified yester
day afternoon substantially as to the
wounds inflicted by the two shots, Of that
the second only was fatal. ranging
through the abdomen. Peter Beck testi.
fed to the condition of Abels after the
shot was Gred, and he attended him
merely dong this as An act Of friendship.
DR.. o. NJ, Gilbert attended the dying
man at the hospital and he was present
when Assistant District Attorney Nc.
Ginnis and Stenographer Cummings ar
rived abou, noon tie day following the
shooting, to take Abels dying declaration.
At this poin, District Attorney Duncan
offered in evidence the dying declaration
OF Abels. Attorney Esteb for the de-.
fense, objected on the grounds that a
proper foundation of it had not been laid
and offered to prove that Abels made
the statement while entertaining small
hope Of ultimate recovery. The jury
rested while the attorneys argued the
matter and the court took the question
under consideration. Mrs Jones, the
housekeeper Of Abels was called to the
stand. She denied any unlawful init.
macy with deceased. She declared that
the Lamms came to the house together
and asked, "Where's Curley?" Curley
came up and said. Here l am" Mrs
Lemm followed closely by her husband
came Up to him and said Take it back
you Abel said "Its true"
she shot him once, and she grabbed hold
of his hair and said, "Take it back" He
said ayes, bu, don't shoot again." She
shot and he fell and she pulled him up
and down by his hair as he lay there.
Meanwhile Lamm kept saying "Kill the
Lamm walked away