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STATE PUSHES CASE
AGAINST J. W. KELLEY Widow of Dr. Cayley Who Died in the Hospital Testifies This Afternoon. WOMAN TELLS OF THE LAST HOURS OF HUSBAND Surgeons Who Attended the Patient After He Was Injured Occupy the Time of the Court in the Morning, Explaining to the Jurors What Was Done for the Man, and Repeating What He Said to Them. Th'. case of J. W. Kelley. charged with homicide, was re~slmed in Judge Mc( eIr nan'. court this mtorning. At a late hour this afternoon the state was still putiting in evidence I)efore the cullrt .,lone,. the iury being. excledd, for Ithe Ipurppoe ,of offering in evidencei what are callrel dying declarations of I)r. t'ayley. In all probability the phase of ithe case bIfore the court today will Ie tinihel this evening ,or tomorrow morninhg, attnd the court will then pass on the qu1estion)l of ahnitting the so-called declarations,. The evidence taken today eoverel the quistinn of wl.cthcr the deeiltrations, were vitiated by the wounde,. mtian's ilncople tent mental condition when they were made anld by his failure to give up all hope if life and thrrefore were not iroper evidence to go Ibfore the jury. For the Court Alone. The state on Saturday afternoon t,,k iup in the nattter of providin', evidllecie for the court's hearing alone, the jury teinig sent out, so that it might ofer what are called I)r. Cayley's dying declaratuons in evidence. Fr the purpnose of laying a foulndatiton for the making of the statements, evidelme wa, taken concerning what was .aid aindl done at the ti.me byl Dr. Cayley a.il tIhose concerned in the matter. and I)r. lansIn was pult on the sta.;tl. l'his mlorning Ilansnmt was in thet stand again, giving ttstimony as ito what Iir. Cayley did and said relative to the man ner in which he was shot andI the other cir rumns tances wiich go to .make iup a dyit'i decla;ration. Couity .Attoriney ltrent rettirted I., t he question of whether (a)luv haId given up faith in Ilanson's ability ti .'v' hi, hl e andIt clr him of the wounld, the jury hlav ing : tcn exxclde.d from the courtrit:tl. Never Lost Confidence. "Y'nit t.I. the cotirt .yiesthrlay that lr. ( ayl y tniver I.-t contiii .n.eI Ine yo. ," 1lr. \' e: he never lost co, t.,ilence in me," the da ,tfr prntoptly replied. "Il what way ..o you mean1 "I antaed hu, to) (get nothelll(r d,,ctor. bhll he woub'ln't. lie waint.'d me to saty SIll. him until he died." ",h'. :,ll oljectiI once ,r . r ltose :tits tht111 appsale. , to the r rt l nsi tt I t l tn a-ll .w'rrl t.Io quickly. "li, ailter, di ,lrr, tlt't a;ntwer sis q,>rkv. dive cinsti l a chaiice to b. j't " th- ctort -aid. I -i' ntlrt qtmluetin wa* .hjected it ax -.ea hinI. andl the ohjecti m was ov.erruled anl atn exception taken. S:,'e itd Pro.( ct-ii l r (;ric conducte,'l the exaiItlIIatiuis of witnesses thli., morningl. Expeoted to Die. Aitr more questioning,. Ilanaon tcti fitd :yley s:,ait he believel he was going t: di', but that ('ayley wante'd to Ie caper atd in anti slaid "Give me chlorofrm antl I nc the tie on the operating table." Attorney Kelley, for the defense. c'ros exlmined i-ani,,n. and took him over his evilence of Saturday on thile point of whether or not Cayley di'd not want hiln t) r'perate on .int, and the other matters relative to what preedede the taking of wh.it is known as the dying declaration of the r'th of ()tober. "\\ ,s it not a fact that his confidence in y ~, related to your skill as a surgeon ?' Mr. Klelley asked. 'Yes" the witeCSs replied. *You never changed your mind that he won ! die, did you?" ..No." lMans,n testitled that the first time he toll C(ayley that the latter woult die was on ) ctuber 16, whell .Mr. reete was ques tioning C'ayley. No Doubt of Confidence. "Lp to that time you have no doubt (tyl,)ey had full confidence iin your abitltty t > save him, have you?" Attorney Kelley °' o." "')r. Cayley lost confidlence in you he catls, you said he would die, is that it?" '')id not Cayley ask you if you did not inten I to operate oni hit, witen the first Statement was taken?" "lhe did." 'Now, doctor, if on the i6th Dr. Cayley sail h, believed he'd dlie. how do you aec count for his saying on the 17th that he belilv.ed you'd pull him through?" "lie didn't say so ott the 17th." "Are you sure.?" "No; I'm not sure," the witness re plied. Present in the Room. IIe was presently illduced to admit that ont th. 17th he was present in ('ayley't room inl the hospital when the latter told Assistant County Attorney Yancey that 'lnoo ALder TTrL E - 8EER.S! Hl1aftlt TBMPTATION = '-UNION MADE- TEMPTaTION TBMPTATION TEMPTATION TEMPTATION O*** CI TBMPTATION TBMPTR T I N MONTANA DRUG CO.. DISTRIBUTORS TEMPTATION lie believedl Hanson would pull him through, antd that he heIrd ('ayley say something about ling pulled throutgh, iand afterwarJds the conversaation was (de tailel to him. "Is it nlot a fact that Yancey asked Cayley if he dlid not know lie wa.s goingl to die, and that t a;ylcy replied that they had told him that a year and a half ago but that you hald urilled him through and would do it ag:ain ? Attorney Kelley asked the witness. "i)r. Cayley told me that several times himself?" Ilannon replied, evasively. "That isn't the lqulestionl. The llquestilon is, dlid you hear him say tlt?" "I caught the drift of it," Hlan.on atl miitted. ")o yocu iictani to .ly to this (rurl that -lhen yoe Iheard I 'yley imake thtat state ienltl, heretofore inl youlr evidence, youl niranit tilthe st.itenllunt itl h ' n repeat ed to ytou ti other., or that you heard at yourself? "I heard part of it." lthe witness r tlied. "\\h:at part of it ?" "I don't knlow." P. L. Miller Testifies. I'. I.. Miller was the ne.xt witness,. lie detailedl a cnversationt mrporte to have lbeen lhtl by himn anitd nyley on the miotrnig of Itintier 16a. afir (ayltey muade the statemellnt wlhilch th stte was trylllg it get ilnto the aidenihle. AtItortney Kelley objected to tile court's instructinll the witness as to the purpose o:f the . 1u,tios lbeinlg lpropounded tol him by Special I'roasealtr /,rice and the kind oif evidlt.nc desiredl of him. The court i:al toIll Milher tI regard certain things in giviall4 evidence,. and the attorney arose an I ha:ll: "'tllh all due resrpect to the coult. I wish to) 4,y that if it were the counrty at Itrnety alt' h;a, givenl s*uI inslrtrctions t,. the. witness, I htlhlad oblject to thllent. I he ..llrt repliedl that the purpolse f ati.e itin tiutl'n w.ts to kieep the witn'ss within Ipro,.lr loutls in giving hiis testimlony. lihe gi t of Miler's statement was that Ihe v.a, calhledl t . .i h,.,pitl nand th;a I :y lcy till l hiI he beli Ivl he was ti.in:: to die :nIa II I l ai:litd a t.1l:tt'en ute utt of hotw le hail haete shiut. ,and1 Ithat he thidI (ayley galod by and promised to, write a letter to the latter's atmntlher. I1, detailed every word of tihe convera tiint, all wizen .\ttorney Kelley precst.tly cross etxattainrdl hitu. the latter brought tout the tait tlhait Miller was deeply inttlerete in the prosecution of i the Ise, a vitng lbeen all intonate frietl of I .tyle)y's. Offered His Services. .Mith, r :ad.!nitt 11 that he hall gone t Mfr. Ilretit anI Ie specal |prosecutor andl oiter I'l his s(.rviei , a;land that Ihe w.i a intaol her of tlhe Frtncht AIliano'ae. and that he haud tiered tile 'pecial prosecutor and tl.e rcuntlllly atlllrney is ildeas on tlhe case, anlld hbri ll d c. a eI theirs, SYoU iV" Itba' rnl etllgagel ill ra'a l.ting tihe special I),.itcautir andul Ihi tlltlty ;aittn rlltey in pathering evIaclie, lhate .you:" .'Attor ney Kellhev aasked. Yes: I gave miy -.ervice,. aiti diI what I could to aii t:. troa.eritlaian lt tgather evilh'n e." the ttIt.., repliad. I h,' witlln.., sal id tat he dill n t cuome ftr u tih ll,,I, - . . r,.,11 .t ar I 'y, aIt rull ItlvIed IL.md. lhe tetifivl sn dhrect er' ninltlti,,n that he .'auI I ) I " th!e i w hlie ienteredl the lin the ar . Irill tnirnaltin ille '.ltnin ' culf ti1 t tli tu e- io i tha t t i d clr l ke Iiir-t. i hlie l'i v 'r- ,ti,-m s vi in IFrench, he h.,teitnl. mn.! a IItrnch inlterpreler waia. hpr.. iuti :.tot al at tih re.quest oi At .it ler Klc t y iran the wit iness re-quirvi to. gav it iti I r,-ni h, which thei, ifter pr, tIer.sn -nther ti" llran IKelley, J. A. Kel h -y. It '. -.l "1, into I ,1 .h. hMiir altuitiel tir::, it was his dtire it at lir. I ar ~1- , make al t I..u g t ,cl'ar.it ntl. Assistant County Attorney Heard. tuhe tant teai fo r the state ua s.n 4 itt:iai (t I- ity Att- ,rlti v, a all-et . who tet. t:Iltd lie c u.hil I t reu.til hll r havimngl given te"tilmly at the corainr 'as itit,t into) the death of IDr. tnayley. Attorney Kelley read aiicey'. evi enite at the inquest to the latter, but the .a.sistant coulnty atltey still insisted itht he could not remlenllr giving it. n* l direct-examination Mr. Yancey tes tified he talked to Cayley at the Sisters' hllsital, October 17. the day after Itay ley made the first alleged dying declara tion. and that I aylev at that time told hitm that he did not believe be was going to die. The witnes said that illn the afternoon he visited Cayley again, and that on lthlat visit Ihe dioctor tol hhio he believed he was going to die. , Makes Affirmative Answer. After Dr. Cayley hai said he believed he was goingt to die, Yancey asked hit if the stlatelment he had made to Iireeu the day before was true, and Cayley answered in tile atirlllmaative. Ilan clroassexr'naminationt Attorney Keliey "Is it not a fact. Mr. Vancey. that on the dlay after the defendant was taken to the hospital you aull mlte the statement wais no good, altter you camle frtom Cay ley's r ll iand met tlue oil the hospital stairs ?" "I don't rutreuther," repied the assist ant coullnity attornaey. Mr. Yancey said the reason the defend ant was kept aiting an hour alnd a half an the reerptin roomlt at the liospital, wheln brtught there for thie lpnrlpo.se of identificnation, was nl because iCayley was UlIcotun ,ous, but Ibecaitue the latter had not given iu all hole tif life. Yancey testified that lie was in ('ayley's rnout when a Miner reporter. W. K. aieulh e, walked in aaal i ayley pointed out the latter and sail, " hat is the alin who shut mli." Remembers a Conversation. 'Yancey renlelanhered a conversation had by hin with Attiorney Kelley at the hos pitr , in which the latter olbjected t the authoritiet taking tie de fendailnt into ('ayley's roomt for identification, hut he could not reimember that in tihe samet con versation he had said to the latter that "things were being cut and dried against the defendant in Ca)ley's room and that le would not stand for it." In Mr. Yancey's testimony at the in quest, as read today by Attorney Kelley, he testified that he asked Cayley if there was any light in the room whe hlie was shut, and that that was all lie, Yancey, knew about the case. There was nothing in the testimony at the inquest relative to the alleged dying declaration, or Yancey's talk with C'ayley about his condition, or any of the mat ters testified to lby Mr. Yatucey this morn ing, and yet the evidence at the inquest was given under oath, and concluded with the statement that what the witness had testified to was all he knew about the case. Mrs. Cayley Testifies. Mrs. Cayley was the first witness in the afternoon. She testified that her late huls b and had told her hlie was going to die, She Red Boot North Red Boot Shoes For Little Folks Are a special feature with us. We give this de partment alone a capital of $io,ooo with plenty of floor space. Shoes here are always marked low. This week we are showing a satin calf, heavy sole, Kangaroo top, union stamped, shoe for school or flessenger Boys' wear that caps the climax. Sizes soto o 3 ..............................$1.....oo Sizes 13Y to 2 ................................. $.25 Sizes 2~ to *51 ........................... $1.45 The Captain of Shoes The Red Boot Shoe Company are conceded the generalship in the world of shoe retailing west of greater New York. Our stock was never more complete, styles never so smart and exclusive, prices never so low. Here are three of the new things in ladies' slippers and Oxfords that will be much in favor the coming season. We have 45 other styles In ladies' Oxfords and slippers. You are Invited, if you please to call--we like to show them. Prices from $1.5o to $4.00. A few very swell ones for $5.oo, $6.00 and $7.00 per path. - -o Co John foster Co's RedStacy, Adams & Co's $s, $6 and $7 o S o Finest Boots and Oxfords Shoes For len $395 I AOENTS $4.95 All styles, all leathers, in- W. L. Douglas' $3.50 Shoes All styles, all leathers, cluding all bright except patent kathers, leather. said her husband was rational when he said he was going to die. She testified that her husband wanted ter to bring the de fendant to hint so that he might forgive him, as he did not blame the latter much. "Why did he want to do that?" Special Plrosectltor (;rice asked. "lecause he blamed the woman more," tle witness said. "Under cross-exalntiation she said this happiened two days after the shooting. "Is it not a principle of the Roman ('tthrlic faith that the last moment of the life of the person should not le waited for to administer tl,e last sacrament?" Attor ucy Kelley asked. (rs. Cayley, having first said she was a Catholic, replied that, in her opinlion, the custom was to wait. "Is it not a fact that D)r. Cayley wanted to send for Kelley in order that Kelley might forgive CLayley for making the statement he had made?" Attorney Kelley asked. "No, sir," Mrs. ('ayley replied. D)an Walsh was the next witness. He said he was present when Dr. Cayley made the alleged dying declaration, and that Cayley was drowsy. ie said that he called Breen's attention to the fact that 'aylecy said lie yet hoped to live. He also said that Dr. Hanson told Cay ley that it had been said that the declara tion was not worth the paper it was writ ten on, and that Cayley then said that since Ilanson said he would die, he would give up. Philippine Bids Are Opened. eY AasO('IATr.D PRESS. Washington, April ao.-Bids were opened at the bureau of insular affairs of the war department today for $3,ooo.ooo certificates of indebtedness of the Philip pine Islands, Issued by the last congress. LABOR WILL BE THE HOST P'resident Roosevelt has accepted the invitation of the Silver How Trades and I..lior council to enjoy the hospitality of nr anlized labor during a part of the time thIat he will be in this city, May 27. .l: acoltm Gillis went to Cinnabar Fri lda, bearing the invitation from the coun c.i, and was informed by Secretary I.oeb the the president would be pleased to ac fIt the invitation. It is thought preparations will he made t-, entertain the president at Columbia gardens, ABOUT BUTTE O)ton tIros. Pianos and organs. 1\ letter has been received at the Inter \Ihntain office addressed to John Mulligan, nn I is awaiting the owner. I Jr. (. Turner has resumed practice and Iakien up his permanent residence at the Fin. I. n hotel. Itesidence telephone, ass. Office: Illlnne lty bililding, telephone mo. \latince Sunday afternoon. IRenslhaw hall. J( t. .lates tuner, Montana Music company. IN,. I9g North Main. I'Ped V. Schcur filed objections in Judge Mtclernan's court this morning to the final ;clilllt of ('harles Kinman, until lately guard. ian of Fred D. Scheur, the father of Fred W. Schcur. The objections went to the items of the account, and objects to them as not found it on proper services. Alex Mackel, attorney, aol Pennsylvania building. l.1ppincott & Darrow, a66 lennsylvanta "The Gates to Victory," A niew story, begins in the May Argosy. 'ou'll find them today at the P. 0. News stand; also the Smart Set, Wide World, Ainslee, Family Library, Pearson's and other new magazines. 57 West Park street. EFFORTS AT PEACE FAIL TO TAKE ROOT As indicated in the Inter Mountain last eveningl the A. 1). 1'. company has made a proposition to the striking mes'enger boys to return to work on the percentage payment syson.. The hboys are sati.ciled to work on that basis: in fact, they all realize that it is a good thing; but the company will not recognize the union a+ the boys deminand, and so the propo. .ition has been declined. The strike is still on. 'I le contending sides are wide apart. This morning the striking boys managed, they claim, to create dissension in the ranks of the messenger girls now employed in their places. They have secured the co-operation of one girl, and this afternoon she was at work with the boys endeavoring to get the other girls to go out. t. V. Moflit of Milwaukee, assistant general snperintendent of the A. 1). 'I'., said today: "The only difference between the company anl the boys is now the recognition of their "They Insist that we recognize their organi. Cation and we decline to give it such rccogni. tion. "To do so would affect about 7taoo boys now employed by the company in the United States. We are common carriers, and as such we are responsible to the government. Under these circumstances it is impossible to let a union run our business for us. "W'e will gladly employ the boys as individ' uals, but we cannot secede to their demands as to union recognition. "So far we have lost but one girl messenger. We had four. One of them quit because she said she was sick. I don't know anything about any attempt to get the other girls to go out.' The sign, "Boys Wanted," was displayed on the company ofice windows Saturday, and is still there. For the safe Investment and rapid ac cumulation of your surplus, talk with Giles, No. 79 West Broadway, Butte. CUIS OFF BROIHERS The will of the late J. K. Clark, who died in Portland, Ure., January aS, po. sessed of mining property in this county, was filed for probate in the district court today, with a petition asking that letters testamentary be issued to Alex Johnston of this city. The will was admitted to probate in Portland, where deceased lived and owned about $a$.ooo in real and personal prop erty, and letters were issued to his widow, Amanda, Clark, the sole heir at law, whose bonds were fixed at $ S,ooo. The will of the dead man was executed In Butte in :8,5 and witnessed by Jean Decker and M. L. llolland. Walter Miller was named as one of the executors, but he is now out of the state. The will left the following sums to the relatives named: To W. A. Clark and J. Ross Clark, brothers, $S each; to Mrs. Elizabeth Abrescal, Mrs. Miller, Miss Ann B. Clark, Ella E. Clark, sisters, $s each; to Minnie and Elizabeth Boner, neices, tS each. The balance of the prop crty is left to the widow, REMOVAL NOTICE. American Loan Office removed from I8 las Park street to as North Main. ED ROSE, Prop. Committee Meeting Tomorrow. The committee on escort to President Rome. velt during his forthcoming visit to Butte, which is composed of Marshal Lloyd Csptain Jeans, Colonel Cook sad O. L. Farnham, will meet at 8 o'clock tomorrow eveninl, in the ofice of the United States marshsl, in the Owsley block, to discuss arrangements.