Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-04-29

une) ne jury III tne nelly muruer
case last night brought In a verdict
Of acquittal, sustaining the theory of
the defense that Kelly had acted in
when he shot DR.. Cayley
in the Kelly apartments last fall. Kel-
ly claimed that when he entered his
apartments, occupied jointly by Ma.
dame La Bonita. he had been set upon
by an unknown assailant and had
been compelled to shoot.
Butte. April 2S.-Madame La Bonita,
to the murder of DR.. Cayley and was
to have been placed on trial II the
result of the Kelly trial warranted 1t,
was today discharged from custody.
Helena, April 2S.-(Special to the
Argus by courtesy Great Falls Trib.
uneD-The Montana Club building was
destroyed by fire last night
and this morning nothing but the bare
walls stand. where in past years has
occurred some of the most notable
meetings and entertainments of the
west. The fire broke out on the top
floor and steadily gained on the fire
fighters, who were compelled, inch by
inch, to retreat before the merciless
flames. Saturday evening previous
there was a mysterious fire in the
building and the impression prevails
that both fires were the work of in
cendiaries.
Helena, April 29.-It is stated that
the insurance OF the Montana Club
building was 100000. Already ar
have been made for
lease of the Sam Word house for
temporary quarters, and II Is announ-
ced that $150,000 has been subscribed
for the purpose Of rebuilding at once.
Admits He Shot cayiey.
Butte, April 25.-J. w. Kelly, who
is charged with the murder of DIR. II.
A. Cayley last October, was on the
witness stand for about an hour In
Judge McClernan's court this morn
ing. He substantiated the statement
Of his counsel TO the effect that he
found DR.. Cayley in his room, In COM
pany with Madame La Bonita. and.
thinking he was in imminent danger
Of his life, fired two shots. When Kel-
ly was asked to relate the circumstan-
ces Of the fateful night. there was d
profound silence la the court room
as the question was asked. There was
a sudden change in Kelly's manner.
as he commenced to tell of the shoot.
ing. II was evident that he was deep.
ly affected and with considerable feel.
ing proceeded in his narrative.
IL walked up the stairs and opened
the door OF my room and walked IN.
! said hello or something like that,
rs was my custom, when | entered
the room. There was no answer. The
room was in darkness and | started
across II 10 turn on the light. Then
somebody spoke. the voice startled
me, and ! tripped over some clothes
on the floor. Ny glasses fell off as |
tripped. ! couldn't see much and with
my glasses OFF | could hardly see at
all. Then the mans voice yelled at
me to get out Of the room. or some.
thing Of that kind. don't just what
was said. saw the man dimly.
springing toward me. as thought, and
as a man puts out his hands to save
himself from falling. drew the re.
volver and fired. | don't know how
many times-I think twice. When |
heard the man fall | turned on the
light. ] said TO him Who are you?
How did you come in here? Then
went TO the Telephone and called the
police station. Then the man called
my name. He said: Kelly. come
here, want to talk TO you. Don. call
the police ! said, How did you get
in here? Who are your He said, I
am DIR. Cayley; don't talk so loud |
was talking loud. He asked me to
put some clothes over him and as
did he said; You'll have TO have
doctor and he said: Call DR.. Han
son, he'll never tell"
Kelly declared he had never seen
Cayley until the night he shot him.
Butte, March 2l.-After heated ar
guments that consumed all OF the
morning session and half hour OF
the afternoon session in his depart.
ment of the district court today,
Judge McClernan decided TO admit In
evidence the alleged dying declaration
OF Doctor II. A. Cayley. who. in a
statement made TO County Attorney
Breen, on October 18th OF last year.
accused j. w. Kelly OF having shot
him.
Counsel for Kelly made determin-
ed effort 10 prevent the statement go
ing to the Jury, contending In the main
that IL had not been shown that the
declaration was made under belief
OF impending death. On the other
hand. IL was argued that upon more
than one occasion subsequent to the
shooting. DR.. Cayley had expressed
the hope Of recovery, although he
changed his mind on this point dur
ing the examination conducted by Mr..
Breen.
The court also admitted the state
ment OF the deceased. made to Dr.
II. II. Hanson on October 18th. In
this DR.. Cayley declared, or at least
signed a declaration written for him.
that Kelly, whom he identified the
day before. was the man who fired
the fatal shot. and he believed he
was about TO die.
The court oyerruled the objection
OF the defense 20 that part OF the dy.
ing statement which said: