The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1923-10-24
MRS. BANNER HOLDS
Up UNDER CROSS
EXAMINATION

SprOuse discovering that he had muir
dered her husband. He pointed out
that while Banner is accused Of the
double murder of both Mrs. Sprouse
and her husband, the state, in the pres
ent trial, would confine it's efforts to
proving him guilty of the death of the
former only.
Following the opening address of
banners attorney, Justin M. Smith,
in which he outlined the principal fea-
lures of his defense, court was ad-
iourned for the noon recess.
The Afternoon Session
At the opening of the afternoon ses-
sion of court, County Attorney E. A.
Peterson read the list of witnesses to
be called for state, as follows: S. d.
Waldorf, county surveyor; D. Pierce
Elmore, deputy sheriff at Three
Forks; James Smith, sheriff; Orville
Jones. under sheriff; w. H. Patter-
son, deputy sheriff and jailor; E. A.
Peterson, county attorney; E. w. Har-
land, coroner; Guy E. Marvin, court
reporter; DR.. c. S. Smith, Harry Col
lett, Mrs. Iva Bertha Banner, accus-
ing witness; Jake DeBoer, Frank
Sprouse, H. A. Johnson, E. M. Howell,
deputy sheriff; B. F. Linfield and
others. In addition to these names,
Attorney General Rankin asked the
court to enter the names of Marvin
Sprouse and Mrs. Alpha Sprouse,
brouther and mother, respectively, of
the murdered man, which request the
court took under advisement.
Told ElmOre First
Deputy Sheriff Elmore testified he
was first notified of the crime by Mrs.
Banner at Three Forks and he told of
his first search for the bodies on June
Z, 1928, which was unsuccessful, and
Of the later search, the following day,
when the spot was located by himself,
Sheriff Smith and Deputy Howell at
the personal direction of Mrs. Banner
He described banners arrest on June
z, and told of his being placed in the
county Jail pending the discovery OF
the bodies. No cross-examination by
the defense.
Sheriff Jim Smith was next calico
to the stand and he corroborated the
testimony of his deputy and told Of
the finding of a mans leg, which they
fished out of the shallow pool will
sticks, and forks and rakes secured
from the Hays place. He then notified
Coroner E. w. Harland, who arrived
on the scene and helped the officer
drag the two bodies, both badly de
composed, from the rude grave whicl
had been roughly covered with rocks
earth and brush.
Sheriff Describes Grave.
Sheriff Smith described the spot a
being about 1000 feet west of tn
Gallatin river bridge; about 90 fee
south of the Yellowstone trail, an
about the same distance north of tn
Northern Pacific tracks. He said ths
the grave was about nine feet lon
by four or five feet wide, and thu
there was evidence of some excavs
ton having been done. The bodie
the heads of which laid toward til
south, were found under about OF
and One-half feet of water. He ais
described the location of the two tel
excavations, n large and one smal
which were from nine to ten feet fro
the grave and about four feet apa1
He also told of having taken Count
Surveyor S. D. Waldorf; Seth Orr
banner, the accused man, and his a
tOrney, Justin M. Smith, and Mrs. L
B. Danner and County Attorney E. .
Peterson to the scene.
Cross = examination by Attorn,
Smith wah made for the purpose
inducing the sheriff to describe t
Spot as a regular natural campi1
ground, in which he was unsuccessf1
COuty Surveyor Waldorf was tn
called and he produced an engineer
plat, drawn to scale, on which W
shown two different scales of t
scene of the alleged murders. T
plat was tackled on the wall in back
the judges seat, and was repeated
referred to by the prosecuting att
neys and by the witnesses who f
lowed. Only two questions were ask
by Attorney Smith on cross-examir
ito, both of which had to do with I
nature of the surveys and the sea
to which the plats had been draw
The drawing was entered as pla
tiff's exhibit One.
Sheriff Smith was then recalled
the stand for the purpose of identii
ing the spot on the map. No GRO
examination.
Dannntu Sheriff z M Howall y