The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-24


dead man, to identify the garments.
The calling of Miss Mcbride to the
stand was objected to by the defense
on the ground that she had not been
before and had been in
the court room during the examina-
ton of the other witnesses. The
states attorneys explained that they
had not thought OF calling upon Miss
Mcbride till Mr.. Mcbride had testified
to her action in bringing the cOlthes 4
from the hospital to their home. The
objection was overruled and an ex-
ception taken.
Miss Mcbride was called to the
stand, examined the clothes and
identified both garments. She told OF
having picked up her brothers clothes
at the hospital and carrying them
home.
Former Coroner Chapple also identi-
fed the garments as having been in
his possession during the inquest.
The last witness to be examined
before noon was Fred N. Pulver. He
has no right arm to hold up, SO was
sworn "left handed" He said he was
down town on the night Of the shoot
ing. and having heard of it he asked
Hayden, whom he saw on the street.
who shot the man. He said Hayden
answered: II shot him. l told him
to stop; he didn't stop and stopped
him." Examined by the defense he
told how long he had lived in Billings.
where he came from and finally that
Hayden had once searched him in
connection with the theft of dia.
mond ring He admitted that he "had
it in for' the defendant on that ac-
count and was excused from further
examination.
Dying Statement.
Doctor Cliff Lindsay was recalled
by the state at the opening OF the af-
ternoon session and identified the bull.
let which he removed from the wound
in McBride's leg The bullet was in.
troduced as evidence.
Fred Morse, one of the witnesses
who testified yesterday, was recalled.
He was questioned by the state rela-
tive to having visited Mcbride at the
hospital the day after the shooting.
When the witness was interrOgated
as to having any conversation with
Mcbride as to his condition, the de-
tense objected The objection was
overruled on the declaration of the
states attorney that the object of the
examination was not to introduce any
statement as to the shooting that was
made by the wounded man. but to
show that Mcbride believed he was
dying.
The object was to lay the founda-
tion for the introduction of dying
statement. The examination of the
witness continued and he stated that
| Mcbride took his hand and said:
! Fred, | was shot last night" The
defense again entered objection and
the witness was cautioned not to de-
tail any statement made by the wound
| ed man, except such as related to his
| condition. Witness continued and
| quoted Mcbride as saying: Some
thing tells me that l am never going
to get we'll, Fred, but don't you tell
pa and ma They are hurt enough
now"
The witness was subjected to a
close questioning by the defense, bit
his testimony was not altered.
Ex-County Attorney Fred H. Hath
horn told of having seen Mcbride
when he was carried into Holmes &
Rixon's drug store, after having been
shot, and proceeded to tell of having
visited the hospital next day, when
| the defense objected. The request
! was made by the defense that the jury
be excused while the witness could
be examined to let the court determ-
inc upon the admisability OF the evil
dence. After some discussion the
Jury retired in charge of the bailiffs.
After the retirement of the jury
Lawyer Goddard, assistant prosecutor
of the case, made brief statement
to the court, detailing in substance
the testimony desired to be adduced
by the examination of Mr.. Hathhorn.
He told of having accompanied the
witness to the hospital on the day of
the operation; that they met James
Mcbride, father of the wounded man,
at the hospital. To James Mcbride it
was explained that Mr.. Hathhorn and
i -. Continued on EIGHTH PAGE