davidaulloa/AmericanStories huggingface dataset:
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28
STATEMENT BARRED.
Dying Declaration Not Admis-
sable as Evidence.

When the defense succeeded yester-
day in having the alleged dying state
ment of John P. Mcbride withheld
from use as evidence in support of the
charge of murder against Louis M.
Hayden, the man who shot him, the
state was deprived of it's strongest
weapon OF attack. AS a further pro-
hibition of the introduction of any
statement made by the dead man, an
effort on the part OF the state to in
troduce through Fred Morse the sub
stance of a conversation which occur
rec between the latter and Mcbride
the day after the shooting was object
ed to by the defense and the objection
sustained by the court.
After the recess yesterday after
noon and while the jury was still out
of the room, the examination of Fred
H. Hathhorn, which was interrupted
by the request of the defense for the
temporary retirement of the jury till
the court should pass upon the admis-
stability of the witness testimony,
was resumed. Witness stated that he
told the wounded man that he was
there as county attorney and wanted
a statement from him, as he was fear
full that he might not Withstand the
| operation. The statement was taken
| in shorthand by Mrs. Gainsforth and
| afterwards copied on a typewriter.
The typewriter copy was shown to
| Mcbride while the latter was lying
upon the operating table, just previ-
GUS to the amputatiOn OF his leg. Nc.
| Bride read the statement and re-
| quested that another line be inserted,
after which he pronounced it all right
and signed it in the presence of Doc
tors Rinehart and Owens.
Cross examined by the defense the
witness stated that the doctors had
told him it was very doubtful ii Nc
Bride would recover from the oper.
alton and if he desired a statement
it should be taken before the opera.
ton. He did not tell Mcbride that the
doctors thought he would not recover.
He did not know whether or not any
one else had told Mcbride he would
die. He dictated the preamble to the
statement, but changed it at the re-
quest of the patient, who later read
the preamble with the rest OF the
statement and attested Its correct
ness.
Doctors Lindsay and Rinehart were
both recalled and each stated that he
had not told Mcbride that he would
die. DR.. Rinehart had told the wound
! ed man previous to the taking OF the
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

the drug store and later to the hos
pital where he died a few days after
the shooting.
A map of the city was produced and
on it Hayden outlined to the jury the
streets and alleys through which he
had purs ted Mcbride. The defense
offered to show by the testimony OF
the defendant what had been objected
to by the state in the examination OF
Mr.. Jackson. The state objected to
the admission OF the testimony and the
objection was sustained.
Hayden was next questioned in re-
gard to the man whom he took o
Officer Dulin. He says he located the
man afterwards and recognized him
as a man named Stoddard, but that
Stoddard had denied to the attorney
for the defense that he was the man
mentioned.
The cross-examination of Hayden
occupied the last hour of the forenoon
and vas continued after noon. A
rapid fire of questions failed to alter
his testimony.
Doctor Cliff Lindsay al recalled
by the defense and stated that Nc
Bride made a statement to him in
the presence OF several other patients
at the hospital. An objection on the
part of the state being upheld, the
witness was not allowed to tell the
nature of the statement.
Doctor Armstrong, called by the de-
Tense, testified to having performed
an autopsy upon the body of Nc
Bride. He said he found the stump
Of the amputated leg in a septic con-
dition and expressed the belief that
Mcbride died from blood poisoning.
DR.. Armstrong went on to state that
the gunshot wound was the primary
cause of death, but that the wound
was not necessarily fatal. After the
examination of the doctor the defense
rested.
John A. Gilluly and P. R. Sullivan
were recalled by the state for testi-
mony in rebuttal of the testimony Civ
en- by the defendant in his own be-
half. Their examination had to do
with the statement of the defendant
that Mcbride fell over the fence first
and that the defendant fell over i'm.
mediately atferward, striking his ell.
bow on the ground and discharging
the gun accidentally. The witnesses
each. testified that Hayden had told
! them on the night of the shooting
that after he caught Mcbride the lat
ter turned and caught hold of him.
That they fell over the fence and the
gun was up against the mans leg
when it was accidentally discharged.
There testimony concluded the case
as to the examination of witnesses.
The case will be argued and submit
ted to the jury tomorrow.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

(First Publication April IL, 19O3.-4)
CONTEST NOTICE.
A sufficient contest affidavit having
been filed in this office by Christian
Yegen, contestant, against Homestead
entry No. 2427, made April 1, 1897.
for seq section Is, township 1 NJ,
range "a E., M. P. NJ, by John Wood
son, %contestee, in which it is alleged
that said John Woodson died on or
about the 18th day of April, 1900, and
that none of his heirs have ever re-
sided upon, cultivated or improved
said land, since the death of said
entryman; and that said homestead
land has been wholly abandoned for
two years last past. And that said
not due to his employment in the
army, navy or marine corps OF the
United States in time OF war. Said
parties are hereby notified to appear,
respond and offer evidence touching
said allegation at 10 o'clock a. m. on
May 20, 1903, before T. A. Williams,
clerk of the court, at Billings, Mon
tana, and that final hearing will be
held at 10 o'clock a.. M. on June 9,
1903, before the register and receiver
at the United States land office in
Bozeman, Montana.
The said contestant having, in a
proper affidavit, filed April IL, 1908,
set forth facts which show that after
due diligence personal service of this
notice can not be made, it is hereby
ordered and directed that such notice
be given by due and proper publica-
ton.
M. R. WILSON, Register.
A. ]. EDSALL. Receiver.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28
We Are Here with the GOODS.

We HTe 0Sre WIFI tHe 0oooS.
We have q large and complete stock
of garden, flower, field and grass
seeds, namely, alfalfa, millet, timothy,
blue grass, ,~clovers, red top. spring
club soft wheat, Scotch fife hard
wheat, seed oats, rye, onion sets, po-
tatoes, ETC., etc. Order at once and
be sure 1T getting what you want.
ka25 ACKNOWLEDGEMENTS CO.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28
Teachers Examination.

The regular county teachers eX-
animation will be held in my Office at
the court house, Billings, Mont, Fri
day, April "a, beginning at 8 a. NJ. and
continuing on Saturday, April 25,
1903. MARGUERITE M. oTRANC,
97-5 County Supt. Schools.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

There's nothing like doing q thing
thoroughly. OF all the salves you yer
heard Of, Bucklen's Arnica Salve is
the best. 1t sweeps away and cures
burns, sores. bruises, cuts, boils, ule.
GERS, skin eruptions and piles. It's
only % cents, and guaranteed to give
satisfaction by Chapple Drug Co.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

statement that the operation he was
about to be subjected to was q SCI
we're one and that he might not re-
cover.
The state then offered the alleged
dying statement in evidence and it
was objected to by the defense. The
objection was sustained by the court
and no "voice from the grave" will be
heard in accusation against Louis M.
Hayden during the remainder of the
trial.
An effort was made by the state
to have Fred Morse recalled to testify
to a conversation had with Mcbride
in which the latter expressed the be-
lief that he was going to die, but an
objection on the part of the defense
was sustained and the court ordered
that the jury be brought into the court
room.
Immediately after the roll call OF
the jurors County Attorney Harris an
nounced that the state would rest it's
case.
Lawyer w. M. Johnston then made
the opening statement for the de-
Tense. He said they would endeavOr
to show that at about the time of the
shooting a number of petit larceny
cases and small burglaries had been
reported to the police. Chief Of Po-
lice Jackson had directed Hayden, the
defendant, who was then sergeant of
police, to be around town in the even
ing and look out for the perpetrators
| of the crimes. He had talked to Hay.
| den of the matter on the evening OF
/ the shooting and but a short time
previous to the firing of the shot
which wounded Mcbride. They would
| also show that Hayden had in his pos
session at the time the description
| OF a burglar which had been sent out
by the sheriff of another county and
that the officer, who is now defendant
in the case being tried, vas trying
to locate the man wanted. They would
introduce evidence to show that when
| Hayden saw the man who afterward
proved to be Mcbride, he followed
him, not knowing who he was and be-
lieving from his actions that he was
a suspicious character. That while
following Mcbride he saw another
man across the street whom he be-
lieved to be Officer Dulin. He crossed
1 the street and accosted the other man
and found it was not Dulin, but did not
know who it was. The first man he
had seen had walked rapidly for
awhile, then commenced to u Hay
den gave chase and drew his revolver
while running. Mr.. Johnston then
went on to state that they would en-
deavor to show by testimony that
Hayden caught up with the fugitive
! close to a low fence near jeff Brewers
house and that the latter turned and
caught hold of the officer; that both
men fell over the low fence and the
gun was accidentally discharged, in.
flicting the wound in the thigh of the
man who proved to be John P. Nc
Bride.
One witness for the defense was
examined before the adjournment OF
court for the day. Thomas A. Butler,
who lives on South Twenty-seventh
street, close to the scene of the shoot
ing, testified that he had retired to
bed early on the night of the shoot
ing. Shortly after 8 o'clock he heard
a commotion on the sidewalk in front
of the house, then heard a shot. He
did not go out to see what had hap
pened and did not know till next day
that a man had been shot.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

Four short horn bulls for sale at
the Soule ranch, 81 miles west OF
Billings. 98-9
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

ST. JOHNS Cough CURE win
cure -oUr cough. SOLD by Chapple
Drug ca
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28

Calling cards at The Gazette ONCE.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05
WOMAN DIES UNDER WHEELS
OF WALDORF HOTEL HACK.
Her Purse Was Missing, and Ex-
cept for 10 Cents Tied in
Handkerchief She Was
Penniless.

New York. April The latest and one Of
the most remarkable mysteries the ponce
have ever had to solve ccnfTonts them In
the lfsless form Of the woman whose death
under the wheels Of a hack outside the
Waldorf-Astoria sent q thrill of horror
through the whole city.
That o woman Of evident refinement. ap-
parently of the better middle class. can
meet death In the open street outside the
most fashionable hotel in the city is what
IL startling New York
Scores Of men and women. all drawn
from the substantial class OF the upper
West Side. and all anxious!y searching for
tid.ngs of missing relatives. thronged the
ONCE Of the New York Hospital. but with
out avail. 10 clear the strange mystery.
DESCRIPTION INACCURATE.
Considering the inaccuracy of the police
Description furnished 10 the newspapers.
however, the difficulty OF Identification Is
been careful and minute In all save the
most essential particulars
They have described the velvet picture
hat. with ostrich plumes. bought at Simp-
son. Crawford & Simpsons. from the ready
to-Tter stock. so hard 20 trace. the crepe de
Chine waist and skirt. the waist trimmed
with white six and fine point lace: the
sealskin Jacket. cut TO the nsure: the small.
pointed patent leather boots. with high
heels. size { c. and bought at Alexanders
within the last two weeks. and the neck
lace Of flshsktn pearls. with the opal brooch
Al this II useless for the purpose OF ioen-
me Distinguishing marks are the initials
~ X" stitched Ia her oottoa % the
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05

Miss Courtney Thomas. or Mile.
Courtney. as she Is known on the operate
stage in Paris, is at the Planters. She is
on her way to New York. whence she Will
sail for France. to resume her work at the
Opera Comique. She has just finished a
successful season at the French Opera
house IN New Orleans.
Mile. Courtney has won distinctions
which have been gained by no other Amer-
can girl in Paris. She has been a prima
donna at the Opera comique for the last
six years, and during that time has ap-
peared in more thar twenty-five leading
roles In grand opera
She is the only American singer to re-
eeiye a decoration from the French Gov
eminent. and she is now the only American
IN the cast OF principals of the Opera Co
Unique.
Mile. Courtney possesses a type Of beauty
that one does not often see in this coun-
try. She has rich black hair and black
eyes and she could pass for a native OF
France II she cared to. She Is tall. and her
stature is one that well suits her for the
heroic soprano roles which she has hIled
&c successfully.
The prima donna IS proud OF her nativity.
and she Is returning by way Of St Louis
tn order that she may visit her native
Nile. courtney's father is James L
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05
May Option Goes to 102cc High
est Point of the Season, With
July Close Behind
SHORTS TO BE WELL SQUEEZED
Daniel j. Sully, Leader of Long In
terests, Expresses Satisfaction
With Course of the New
York Market.


aEPUBIIc SPECIAL
New York. April MAY cotton touched
so.zc within eight minutes after the open
ing OF the market this morning. reaching
the highest price OF the season and record
sng an advance OF IS points from wednes-
days prices
Excitement was even greater than yes
serday, owing 20 the fact that the acute
apprehension on the part OF shorts brought
them into the market rapidly. This buy
ing caused prices TO soar.
At no time in the morning was any sup
port by the New England crowd notice
able. the sensational rise being the result
Of the scramble of the penic-stricken
shorts.
The stock OF cotton in New York is get
ting very smal. and those who have sold
cotton for May delivery are finding them
selves in a most embarrassing position. The
entire market has been upset by the
squeeze in May, and the general feeling here
II that the outstanding short interest is
stil very large.
Daniel ]. suIIy. whose operations in the
market attracted attention a few weeks
ago. represents the long interests in May
cotton held by New England spinners.
When asked about the situation to-day. Mr..
6ully replied hat he did not care to say
any more than that the market seemed to
be acting very well.
July cotton was a good second in the ez-
element that attended the opening. selling
Up TO ss.TS. and there was talk OF a possible
corner in that option. The market steadied
soon after the opening. but continuous more
or less irregular.
A continuance OF short coverings kept
prices pretty near the top and the closing
was strong and steady. May closed 3loI4a
Job: July. S.ssGs-7o September. H7SGSH.
and November S96Gss7.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05
Five Have Already Married Ameri-
can Girls at Elizabeth, n. j., and
Others VIII Follow.
NEW JERSEY YOUTHS ALARMED.
Hoping for the Time When Dark
eyed Naval Men Complete Their
New Gunboats and Sail
Away to the South
REPTRIIc SPECIAL,

REPUBLIC SPECIAL
Elizabeth. ". J., April 4-Ths youths Of
Elizabeth are in arms over what n termed
g foreign conquest
With five weddings already celebrated
and at least four more expected, the 2ouns
Mexican AVA cadets. who have been here
for nearly two years experimenting tie
construction Of two gunbo7ts for their
Government. feel that their stay in Uncls
Sans domain has not been IN vain. The
young men will take their brides with them
when the boats are completed and san for
Mexico In July.
The latest son OF Mars to eapituiats 20
Dan Cupid was Lieutenant A;Eael AviIa.
who was married 10 Miss Carrie Daumann.
She is pretty and popular. the witnesses
were Mr.. and Mrs. Acosts. whose marriage
a year ago was the first Of the nva Mrs
Acosta was formerly Airs yIinty.
A few weeks 6 Misc Alice Bette msr~
ried Lieutenant Pialto. and about the same
time Miss Bessie Morris married Oscar
Arenas. q civil engineer. Mss Mabel Deans
was another American bride. having been
won by Engineer EsQuidero.
Miss Lillian Zeigier is engaged 10 an
other OF the Mexican ofacers. and three
other young women also. e Is said, are
planning to spend their future In Mexico
The parents Of the young men. who belong
20 the best Mexican families. are pleased a.
the matrimonial ventures OF their sons
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05

Thomas. formerly an architect. Mr..
Thomas lived in BelleviIle many years ago,
and has many warm friends In St Louis.
among them being Major Harvey Salmon.
Mr.. Thomas has travelled with his augh-
ter ever since her first visit 10 Paris. nine
years ago. At that time she went TO the
French capital TO perfect herself for an
operate career.
Il don't know any American girls now
studying in Paris" said Miss Courtney.
But there are plenty OF them here. Hun
dreds, yes. thousands Of Americans. ambi-
tious to become stars IN the operate frma-
nent. 30 to Paris every. year. The most OF
them little realize the task that 10 before
them, and not one person out of q thousand
succeeds.
There are good American singers IN
Paris who fail because Of their inability to
perfect the French accent. To be success
full in French opera one must have tbs
French accent perfected. Some Americans
couldn't perfect the accent II they studied
for ten years. II Is q peculiar accent yor
know. and most difficult
There Is a belief in some quarters that q
prejudice exists against American singers
in Paris. but that IS not so. American sing
ers Will get fair treatment from the critics
II their ability merits t."
Mile. Courtney received . cabiesr1m
from her Paris manager yesterday urg-
ing her to hasten to Frence. She viii
depart from ST Louis this evening and will
remain In New York only q day.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05
MAD DOGS IN NEW YORK.
twenty-five Persons Bitten in Last
Two Months.
REPTRLIc sPECTAL

New York. April 4-within two months
eight dogs have become mad in or near
New York. biting twenty-five persons and
soaring scores OF others. two OF the victims
dying. February IS a ST. Bernard on Hud-
son street attacked nine persons.
Three days later a fox terrier became mad
In the home Of Doctor Loomis. at No. IS
East Thlrty-fourth street. and bit the doc
tors son. who died three weeks later. The
same day q greyhound attacked q man In
Astoria nearly tearing him apart.
March ] q dog went MAD IN West New
York and bit q child. who later bit its
mother. The child died March IS a pet
bull terrier. At No. Is West Ninetieth
street. went mad. but BIT none. The same
afternoon a mongrel ran through Central
Park. swapping At women and children and
causing a panic
-Four days later q fox TERROR became mad
In City He'll Park and ran across Park Row
to the bridge. swapping at all In his path.
March u eleven children. leaving school
At noon. were bitten by a mad dog which
a been running through che nelghbor-
hood fog several hours biting and swapping
AZ anything that came in his way. All he
affected dogs were killed
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05

bly, 20 TO 45 years old. Her hin sharp face.
with Its high cheek bones. the firm set.
pressed with an unoomfortabie tlghtness.
the dark brown hair. tinged with gray.
parted severely in the middle and combed
on both sides with hard accuracy rather
suggest the New EnEland schOolmarm or
the responsible business woman OF middle
az absolutely destitute OF fr!voliiy.
The absence Of the wedding ring from her
hand completes the picture
the value OF her apparel has not been
oNeIesiInated some OF the expert Judges
from me retail dry goods houses who ex-
ahmed her clothing believe that her whole
OUTFIT cost above $50. and this Is probably
a conservative estimate.
The string Of pearls and the brooch are
worth 500 more.
The mrs, and worst difficulty In the way
effort at Identification lies IN the absence
OF any dressmakers name On any part OF
The clothing. This popularity was ex-
dressmakers OF the West Side:
1T Is rarely. II ever" she said. that n
private dressmaker puts her name on a COS
lection TO marks on clothing. and they re-
fuS to permit the stamping of their own
names
II am OF opinion. Judging hy the style OF
work hat this dress w1s made by a French
woman hut not by me or nv any one with
whose methods / am familiar"
DESCRIPTION COMPLETED.
The general picture is completed. so far
as known. when Il Is said that the woman
was OF good medium height. about 3 feet S.
walked with a quick. eager. nervous step
and weighed rs pounds
Her purse was missing. and except for
10 cents tied tightly in a knot at the corner
of her handkerchief. she was penniless-
II might have been possible for one Of the
saleswomen at Simpson-Crawford Compa-
ny's 20 Identify the hat. but the refusal OF
the New York Hospital authorities TO per
nit the hat 70 be taken from their keeping
until the body Is removed 10 the morgue
put an i1superable difficulty IN the way.
The suggestion that the dead woman lived
out Of the city receives some support from
the nature OF the accident described by
those who witnessed II. Hackmen, hotel
attendants. police and others c~orroborate
William Read. under whose cab the woman
fen. and who Is now . prisoner IN the
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-04-05
NEBRASKA MAY QUARANTINE.
Cattle Disease in Kansas to Be
Investigated.

Topeka. Kas. April E-Unless IT Is shown
conclusirely that the foot and mouth dis
ease does not exist among cattle in North
ern Kansas. the State OF Nebraska viii
quarantine against this State
NJ c. Campbell. chairman OF the State
livestock Sanitary Commission. insists
positively that there Is not and never has
been any foot and mouth disease IN Kansas.
The trouble at Concordia," he said. IS
probably caused by the cattle having frozen
feet. or the result OF their feet becoming
diseased from standing In mud and water"
YESTERDAY Governor Bailey received q
telegram from Governor John II. Mickey Of
Nebraska inQuiring as TO the reported cases
OF foot and mouth disease near Concordia-
and also as to the symptoms displayed by
the affected cattle Governor Bailey wired
back that ne had referred the matter to the
State Live Stock Sanitary Commission and
that the State veterinarian would be sent TO
Coneoruia to make a thorough tnvesttga-
finn