Pueblo chieftain., 1921-12-21

All day yesterday was spent by the
prosecution in presenting it's testimony
In the case of Frank f5icy charged with
the murder of his wife, Charlotte Biby,
August of this year. Twelve witnesses
were put on the stand by District At
toruey G. B, Hughes and his assistants.
Tho court room was packed from morn
ing until the closing minutes of the
session yesterday afternoon.
An epitome of the testimony OF the
twelve witnesses brought forward by
the state vast that Frank Biby shot
his wife twice, left her at an East Pu-
eblo home saying he was going for a
doctor but instead persuaded Miss
Stark. friend of the Biby's, to go to
Colorado Springs with him In an Sito-
mobile under the pretext of going to
bring his wife back to Pueblo and was
arrested at Fountain. Colorado, later
in the day.
Charles II. Guise. father of the dead
woman was the first witness. He test
fled that Billy had roomed at his resi-
dcncc for nearly two years before he
married the giii and for short time
after the marriage
The second witness was Paul After
bury, a ten-year-old school boy who
said he was playing in the yard of the
7revithick home, in the 1900 block on
East Second street when Biby stopped
the automobile in front of the home
and asked that some one care for Mrs:
bihN WIZ was lpi hIilih Va
water.
Earl Trevithick, age L. testified along
the same lines as did the Atterbury
boy.
Mrs. Anna Trevithick said that Biby
brought the woman into the yard and
sad he would so for 1octor rather
than bother about phoning as 1t was
but short distance to the doctor At
ter waiting half an hour for Biby and
the doctor to come. Mrs. TrevithicK
said she telephoncd for DR.. Middlekamp
and also for the girls mother. Both ar.
rived about the same time. She SAID
.hc heard the wounded girl tell her
mother. Frank shot me and I'm dy-
g" and gave other testimony as 10
hat Mrs. Guisc. the girls mother. told
bcr concerning the girls statement of
Ii. tragedy
Dr. MiddIckamp tc.,,ried as to the
location and nature of the wounds and
of the girls dying statement which he
asked her to make since he felt 1t would
he impossible for her TO recover from
tho operation
Detective Mcdonald OF the police de-
partmcnt said Mrs. Biby recognized
hIin ~ he entered her room IN the hos
p,tt that night and gave him her Ncr-
rion Of the affair which was about n,
follows:
R,by asked her Monday morning to
Eo for m automobile ride to sec a new
automobile he had purchased for her.
Thry went into East Pueblo and on
Beyond tho regularly settled portion
crto IN" prsiTics Of the Wiley-Cham-
lerisin addition. They stopped. Biby
ssho had been drinking. got out OF tho
car. went to the rear. Mrs. Riby said
she followed him thinking he was going
to take another drink and protested
against Il. She asked him what he
was going to do and he replied thnt he
was going to do a little shooting and
then he fired one shot at her. She feil
tn the ground and he fired another
shot into her PROSTATE form.
I, WAS further brought out that Biby
apparently Was jealous of his wife.
othcr witnesses who related what
Mrs. Biby had told them before she
died were Detective Grady. and Jai'e'
Porter.
William Colbert. marshal at Foun-
tain told Of having received telc-
phone message from Pueblo at : O'Clock
in tho afternoon OF tho tragedy adv's-
Ing him that Riby was on his way &c