Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-04-22
KELLY TRIAL
IS DRAGGING
Hearing Of Alleged Slayer Of Or. Cay
ley Making Slow Progress in
the Butte Court.
cAYLErs DYING STATEMENT
The Admission to Evidence Of His
Desth-Bed Declarations Up for
Argument Yesterday.

Butte, April 20.-Slow progress Is
being made in the trial Of j. w. Kelly
accused of having killed DR.. II. A
Cayley in this city last fall. The IL
men selected 10 try Kelly did not
hear a word the lawyers and witness
cs had to say today concerning the
most important feature of the case,
namely. the dying statement of DR.,
Cayley. nor will they know the result
OF the exhaustive examination on
that point until some time tomorrow
Tomorrow morning the attorneys for
both the prosecution and defense will
argue for and against admitting the
alleged dying declaration in evidence,
at the conclusion of which Judge Nc,
Clernan will his decision in
the matter.
A number OF witnesses, most of
whom were present at the Sisters
hospital when DR.. Cayley made his
dying declaration on October 18th of
last year, testified today for the bene-
iii of the court with a view to clear.
IHB UP any uOuul IHdl might tAlSL 40
to the wounded physicians mental
condition at the time, and as to wheth-
or or not he believed death was i'm
pending. as required by law.
Some of the witnesses, notably
Chief of Police James Reynolds and a
reporter. Dan Walsh. gave it as their
opinion that DIR. Cayley was in a semi
conscious condition when his state.
ment was taken.
County Attorney Breen created a
little diversion in the proceedings by
asking Walsh if il was not true that
he walsh went to the hospital on
the morning in question and tried to
take charge of the examination of DIR.
Cayley. Walsh said he asked the
physician about his condition and
some other questions, but had no de-
sire to displace the county attorney.
The county attorney and Walsh al
so disagreed upon the question of
who first suggested that the dying
declaration was not worth the paper
IL was written on, unless DR.. Cayley
modified his statement to the effect
that he had hopes of recovery. The
newspaper man insisted he mention
ed II first while Mr.. Breen vas eqal-
ly positive that he took the initiative
in the matter Of suggestions"
Mrs. Mary Cayley, widow of the de.
ceased, was on the stand for a short
time during the afternoon session.
Her testimony was to the effect that
DR.. Cayley repeatedly stated he was
about to die. She also recalled that
he wanted to see Kelly and forgive
him for what he did.
Chief of Police Reynolds probably
the most important evidence for
the defense brought out at today's
proceedings. He was present when
DR.. Cayley made his alleged dying
declaration.
IL saw him on the morning follow
ing the shooting and he insisted that
he shot himself, giving as his reasons
for doing sc that he had just lost
three ase of pneumonia, mentioning
names of Captain Everets and Off
GER Roach in this connection. A day
Or so afterward he told me he might
as well tell the truth. He declared
Kelly did the shooting.
"Cayley never gave me the impress
sion he expected to die continued
Chief Reynolds. IL do not believe he
fully understood the purport Of his
dying statement to County Attorney