The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-04-08
Is Accused Of Killing T. F.
Carroll at
BIG FORK, NEAR HOLT,
Last October.-Jury Secured and Num-
Der Of Witnesses Examined
Names Of Jurors.

The real work of the spring term
of the district court commenced this
morning, for which time the petit jury
had been called. When the jury was
called, L. M. Woolf, A. j. Wells and
F. M. Pierce failed to answer to their
names and the court ordered fine of
$40 assessed against each Of them, un-
til such time as they should arrive and
offer excuses if they had any. Mr..
Pierce came in, a few minutes later
and explained that he had been delay
ed in starting. The court was indul-
gent and accepted the explanation.
George Mcmahon wanted to be excus-
ed because he would be obliged to
close his place of business while he
served on the jury. Mr.. Turner had
work to do at home. Mr.. Rain was
not feeling we'll, Mr.. Lambert had
just commenced seeding All four were
excused. R. j. Martin had been
Martin. He was excused.
The case of the state against J. F.
Patton was then called. Patton is ac-
cused of killing T. F. Carroll at Big
Fork last October. The defendants s
attorneys, Messrs. Bremen and Lo-
gan, said they had just discovered the
nf oh
but were willing that the trial pro-
ceed without prejudice to their right
to make motion for continuance
later, if it should develop that the
testimony of the witness, who is in
Spokane should be vital to their case.
County Attorney Oliver, who is assist
ed in the case for the state by Attorney
George H. Grubb, asked leave to en-
dOrse the names of nine or ten new
witnesses upon the information, which
was finally granted.
The jurors were then called and ex-
amined as to their qualifications. One
or two were excused for cause and the
0IotO OAAouOCCu oil VI 1Lo uNC Cudt
lenges and the defendant nine of his
ten. The jury as finally secured was
as follows:
G. H. Clark, J. r. Willis, L. w.
Miller, H. Young, F. M. Dyer, D. A.
Bryant, W. A. Leonard, D. Comean,
Charles M. Colwell, G. M. Eckelber.
ry, N. w. Martin and 2. P. Edwards.
The jury was secured just at noon and
the court took recess until o'clock
The defendant is rather a cookbook.
ing fellow, apparently about IS years
of age. He betrayed some nervous
ness when he first appeared in court
but that apparently wore away as the
case proceeded.
Upon resuming at o'clock, County
Attorney Oliver made the opening
statement for the defense, detailing
the facts concerning the commission
of the crime as the state expected tc
prove them, and reading the informa
tion.
George R. Mcmahon, county coron
er at the time the alleged murde:
was committed, was the first witness
called. DR.. McNiece, the physi :iar
who performed the autopsy, having
since died, Mr.. Mcmahon detailed tbs
circumstances of the autopsy, which
was held on the 18th day of October
the day after the alleged crime wa:
committed. The wounds in the he art
were described as three, two of then
having apparently been caused by {
knife thrust, where it entered the ali
terror surface and came out on tn,
posterior surface, and the other made
by the physician for the purposes o
examination. In cross-examinatior
the witness was asked as to the instru
ments used in making the autopsy.
DR.. Macdonald was then called an.
testified as to the character of tn,
wounds in the heart, and said the.
would cause death almost instantly
The court took a recess while d.
Macdonald made an examination in al
adjoining room of the heart, whicl
had been in his possession, preserves
in alcohol, since the death of DR.. Nc
Niece. The wounds are plainly Wis
BILE on the organ, which presents
most gruesome appearance.
A. L. Jaqueth was then called an
exhibited a map showing the locatio
of the various buildings near tn
scene of the crime, and something c