Pueblo chieftain., 1921-12-22

FRANK 6lpy, CHdrSeu WIN ei'S --''
der of his wife. Charlotte Biby on Aug
ust s, will take the witness stano tiiis
morning in his own behalf in dlSisiol,
A of the district court, where MS tfiai
l.s occupied all of this week. Inc ue-
. fense testimony presented Wednesuay
shows that Biby is habitual drunk
ard and on this the fight for his iree-
dom is being based.
The testimony briefly stated. was
that Biby has been a habitual drunk
ard since he was years of age; he is
now % years old. and that he had
lapse of memory when drunk and that
he was in one of these when he snot
his wife, but that he did notlpremedl-
tate the shooting as his relations with
his wife were those OF loVlnS nus
band.
The state ended its case few MIN
utes after court opened "Wednesday
morning and the defense opened with
a statement to the jury by judge D. IL.
IL. Low. attorney for the sdefepoant'
who stated that no attempt would oe
made to prove that Biby had ever been
insane.
The reading of testimony OF Mrs:
Jeanette Trevithick mother-in-law OF
Anna Tycvithick, where Mrs. Bioy was
taken after she was shot. given at the
coroner's inquest. caused clash pc
tween the lawyers which lasted for ten
admitted, which was practically the
same as the testimony given TUESDAY
by Mrs Anna Trevithick. Mrs. jean
ette Trevithick is at present in Dem
vcr hospital and could not testify,
thereby causing the coroners inquest
testimony to be introduced.
Mrs. Edna Heaton, sister OF Frank
Biby's father, testified that she enter
tained Biby and his wife at her home
in Colorado Springs before their mar
ragc and was present at their we'd
ding.
An uncle of the defendant A. j
Biby was the second witness on the
stand. and stated that to his knowl-
edge Biby drank for the past Is years
and as a result OF the liquor suffered
from lapses of memory. lie also stat
ed that a brother OF Frank Biby's
mother had been confined to the Colo
rado state insane asylum as an cpilep-
tic maniac due to heavy drinking.
A cousin of the defendant. by the
name of Everett, testified Wednesday
afternoon that he had known Biby had
been drinking heavily for length OF
time and that Biby's actions were diff
ferent when sober than when intoNi-
Gated. pointing out that he could Dor
row money from Rihy when the latter
was drunk, but could not when he was
sober.
Biby. testified that he owned the gun
with which Biby shot hi- wife and that
il was at his home on the morning. OF
the shooting. He stated that Bihy
visited at his homo about an hour the
morning OF the tragedy. leaving about
IL o'clock. He stated that Biby and
his wife were affcctionato, and also
that he could tell that Biby had been
drinking.
Tho father also testified that Bib"
| had drank several years before serving
about II months in the army anA erf
| heavily since his honorable discharge
! was issued.
With firm and clear voice. Mrs.
Anna Biby, the mother OF Frank BIZ
by took the stand and testified that
Frank had been continually drunk ever
since he was years of age, having
rarely sccn him sober in the 20 years
| sncc then.
Mrs. Biby stated that about II years
ngo Frank was struck on the head by
boom pole and was unconscious for
three hours and complained Of his head
| hurting him for considerable time
after the accident. She also stated
that he lay in state OF comma Tor
| about Il days when he was three years
OF age. suffering from typhoid fever
| and that for a length of time after
wards he was uncontrolablc.
Mrs Biby completed her testimony
Mt AS o'clock and Frank Biby. the de-
fcndant. was called to the stand, but
Judge Trimblc and the attorneys con-
| fcrred and decided to recess untir 10
o'clock Thursday morning. when Biby
will testify.
| The court room war packed with In
| tercstcd persons. as IL was Monday and
Tuesday. Most of the persons wcdnes-
da, were men. only about score OF
| women being present.
| The attorneys for tho prosecution and
defense cis-hcd many times during the
trial. the result being that tho crowd
usually laughed ut tho humor of the
situation and tho bailiff had To bring
down the Eavci for order several times.