The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-01-28
-TT-MID TI-iTT-t- ----.--T
.wtLl PROBABLY az GIVEN 70
JURY THIS AFTERNOON.
.BLACkMAIL IS ALLEGED
Defence Denies Charges Of Minnie
Carlson and 81. Fres. and Asserts
They Tried 10 Get Money From Dr.
AlIen-Expsrt Testimony offered.

charged with procuring an abortion
will go to the jury today is assured,
-as the attorneys for the defense stated
last night when adjournment Of court
was taken that 1t would require but
an hour more to complete the evil
vdence for the defense Judge Fox
instructed the attorneys to have their
instructions ready this morning. The
nrst witness called yesterday was Mrs.
Rebecca Wolverton, and she wal fol.
lowed by medical experts for the
state and witnesses for the defense.
II anything q crowd larger than that
Of the preceding day was present dur.
ing both sessions OF court. Every seat
IN the room vas flled and standing
room was crowded There were so
many spectators that Under Sheriff
Hubbard was forced to aamonish them
that laughter OF unusual noise would
not be tolerated by the court. Soon
after the noon recess was taken a
crowd began to gather at the door,
I'd they waitsd u1tn 3 o'clock tescrs
they were admitted to the courtroom.
Expert testimony by physicians OF
the city, attempted Impeachment OF
witnesses Tor the prosecution, VITA
sensational charges Of animus OF Wit
nesses, btacKmail and attempts 70
spirit the complaining Witness away
added interest TO the legal 'battle
which was being waged over the al
smissfbilfty OF certain evidence by the
attorneys for the defense and the pros
tecutiUn. tx
Says Minnie Wss Sick.
Mrs. Wolverton testified that the
Carlson was suddenly ,taDen
sick and WIS unable to do her work
as a domestic about the house at the
time of the alleged commission of the
onense. She stated that!Dr. Free was
called to attend the girl. and 't5ld of
his visits to the house until the WON
ans condition improved. She stated
that DR. Allen had called at the house
to see -the girl during her sickness.
and during one OF these visits emphat-
ically denied any connection with the
alleged criminal operation on,the per
son OF the Carlson woman.
DR.. Free testified chat h~e'wasecalled
to attend the Carson woman, @and
staten that on examination he touBd
that an operation had rbeen;performed,
and said that In his opinion the wom-
an wns pregnant before 'tne operation
was performed. He told aof various
conversations with the defendant
and said that in mesof.thenn;t hesmame
OF another woman was brought into
the conversation, while he and the
defendsant were suDnversizg aat tcross-
purposes regarding the Carlson Swom-
ans rcondttion. objection was made
later ITO that part pf..his Testimony re-
gardlng the other woman, and mo-
ton 10 strike ont references ITO the
other woman aWAs denied ION the
ground that It was apart ofsthe1 CON
,versat8on testified TO by me witness.
After this &decision was made, the de-
tense made a written offer to prove
by DR.. Rinehart. Who was 'thenfon the
stand in behalf OF the defense, that
the other woman referred to tdied OF
other causes thar vas implied in DR..
Frees testimony. ami started, to intro
.duce evidence regarding this, which
was ,oh99ectef to ana sustained.
Experts Testify.
Dra. Rinehart, Chapple, Gerhart and
CLARK were asked an hypohhatical
question which contained much of the
evidence Of the Carlson re
sgardiag the symptoms. (which iAdtcat-
ed that she was ina coalition, which
warranted the performance Of such AN
operation as Is alleged was commihted
by the defendant, in order to hide her
shame. and they stated that 1t was
their opinion that from the symptoms
described It would hdicate that the
woman was In the condition, prior
to the date on which the ohense was
alleged to have been committed. They
were also asked concerning tie In
used IN the performance OF
operation Of the character de-
In the information.
At the conclusion Of the experts
testimony the state rested lie case
and the defense made the opening
statement Of what they would prove
the jury.
Defendant on stand.
The defendant was the first witness
and he denied all Of the state
ments OF the Carlson woman, but ad-
that at her urgent request he
had examined her and told her that
she was not in the condition which
she alleged she was. He told Of . con-
versstion which he had with the Carl
woman at Mrs. Wolverton's house.
n which the woman told him that q
Swedish society had promised to Give
her $3.50 to testify against him, and