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CASE WILL LAST
FOR MANY DAYS 1 rial of James W. Kelley WIll, It Is Believed, Be One Long Drawn Out, ATTORNEYS FOR BOTH ARE STRAJIN9G EVERY NERVE Drs. Turner and Hanson Are on the Stand During the Day and Are Sub jeoted to Searching Cross-Examina tions by the Lawyers, Who Lose Not an Opportunity to Make a Point. Another lon., hard day's work in the trial of the Kelley case was entered on the records of Judge MlcClernan's court to da uring today's session the county attor ney and the counsel for the defense con ducted close and careful examinations, of a protracted character, of Drs. Turner and Hanson. The evidence of the two named, given yesterday and today, is the only testimony that has thus far been heard by the jury. The state called more than so witnesses at the opening of the case, and if the very long cross-examination of yesterday and today are adhered to with the other wit nesses the trial will easily last several days longer. ,oth County Attorney Breen and his assistant and Attorneys Booth and Kelley for the defense are exerting every energy in the trial of the case. The all-round ability and keen legal skill and broad court experience displayed by both sides of the case in the examina tion of witnesses is of a high order, and the inquiry into all matters alpertaining to the case is absolutely exhaustive. Two Dootors Heard. In the morning the two witnesses on the stand were Doctors Turner and Han son. There were decided differences in their testimony relative to the same mat ters. Hanson said the length of the course ot the bullet was :3 inches. Turner said it was between 6 and Y7 inches. Hanson said the bullet struck Cayley's saoulder in a course almost parallel with his spine. Turner said it struck at right angles to the spine. Hanson said, after strikliin the bullet went down two inches, across the back to inches, striking the spine then, and up ward two inches along the spine, finally lodging in the spinal canal. Turner said that after the bullet struck it took a straight path across the back and lodged in the spine at the point of im pact. Both took part in the autopsy. and Tur ner traced the course of the bullet and extracted it from the place of lodgement. The group of cervicle vertebrae sur rounding the part in which it stopped was In evidence and had been handled by both doctors and no doubt had been closely ex amined by both of them ere the con, mencement of the trial, and yet the dis crepancies noted. Searching Cross-Examination Dr. Hanson was on the stand undergo in-, a searching cross-examination at the hands of Attorney C(. F. Kell'v for the de fense. assisted by Associate (mounsel IK. S. Booth, when the court adjourned last evening. lie was kept under a similar or deal today till as o'clock. This morning he rendered much testi mony that was directly contradictory of his evidence given two days ago. lie said today that he could not remember having told Dr. Cayley that the statement of October 16 was of no value if the lat ter retained any hope of life after the statement had been drawn. The tral seriot of his testimony of two days ago showed that he had said that he had done that. 'Well, did you go to Dr. Cavlev and tell him the statement was valueless?" Attorney Kelley asked. "I don't know." the doctor replied. lie supposed he had. Statement Being Taken. lie testified that the first time he had to.d Cayley the latter would die was when the statement was being taken. The transcript showed that he had testified to telling Cayley he would die before that. lie testified this morning that he had not told Cayley that he had sent for County Attorney Breen to take the state milent. The transcript of his previous evi dence showed that he had testified that he had told him. "WVhich is true? Did you or did you not tell Cayley ?" asked the lawyer. "I guess I told him," the doctor replied. T'he doctor said he guessed that what he had testified to theretofore was true. He could not remember. "Do you remember what you testified to five minutes ago?" "Yes: I said I had not told Cayley," the wittness replied. T'he attorney told the witness the mat ters tunder discussion were what he haIl testified to a couple of days ago, and the lattt r replied: "Well, I guess that's what I thought thaen." Medicines some and Medicines go but lasting popularity can only be ob tained by proved lasting benefits. Have you ever considered why Beecham's Pills are the greatest patent medicine and have outlived competitors ? Nothing but superior merit and usefulness, and that they have proved themselves unequalled for removing the common ailments of men, women and children;: Year in and year out thousands of families throughout the world keep BEECHAM'8 PILLS on hand for minor ailments, which, if not at once checked, will lead to serious illness. Don't experiment with untried remedies so persistently and plausibly of. fered, but remember that Beecham's Pll will prove every point claimed and will Roll on Forever If you would look well, feel well and keep well, use Beecham's Pills. Sold verywhere.. In boxes, 10o. and 8oe. • "That's what you thought then? What do you think now ?" "Well, I guess that was right." Gives Up All Hope. The witness remembered that the day following the day Cayley made the state ment, ecording to tle witness, and ex pressed hhnself as having given up ell hope of life, he the witness, was present when Cayley told Assistant County Attorney Yaury that the witness bad pulled him through a sickness a year and a half ago, and that he believed the witness would pull him through again. But the witness could not explain the return of booe of the injured man fter making his alleged dying declaratlosf Then Hanson tesrtied Carley had the fullest faith in his dkill rig.t up to the time of the latter's death. Hanson testified he was Instructed as to how to draw a dying declaration, and that to the form be received, he added the words: "I do solemnly swear," because they seemed good to him. "But that was false," said Attorney Kel ley. "He did not swear, did he ?" "No; he was not sworn." Did Not Remember. The witness said that he was present when the defendant was brought into the hospital to enable Cayley to make an ef fort for identification, but that he did not remember just what Cayley did to make the identification. Hie testified that the axis of Cayley's eyesight was affected by his wound, and that while able to see objects above, along side or directly in front of him, could not see those across the room very well. He said the defendant was not across the room when presented to Cayley for identification. He denied he told Cayley the defend ant was to be brourht in. "Did you not tell Cayley that Kelley was to be brought in?" "No." "Did you not say 'Here he is?'" Hanson denied that he and Phil Levy made efforts for two hours to revive Car ley so Cayley might identify the defend ant, and that Kelley was kept waiting in the reception room of the hospital while that was being done. In a Stupor. "Well. Cayley was in a stupor, uncon scious, in a torpor, was he not ?" "No," the witness replied. Hanson testified that saline solution and strychnia were given Cayley to bring him out of his torpor or coma at times, and that the effect of the medicines named was not to throw the patient into a pro found slumber for hours after the stimu lation they produced had died out. The witncss denied he showed the plc ture of the defendant to Cayley and told the latter that it was a picture of Kelley, but he presently said: "W'hat I did do was to show Cayley a picture of Kelley in a newspaper. which he identified as the defendant. lie said that that was the defendant." The attorney showed the witness the picture in the newspaper referred to and -aid : "Now. did any other man in your pres ence tell tayle, that this was the man who shot him?' "I don't know." Hanson replied. "l)id Rolb Langlois tell him?' "I diditlt hear him." "Dlid Phil Levy tell himi?" "1 don't know." Regarding Mr. Semple. "\\'hen Semple. the reporter, came in, and Cayley iden,ified him as his assailant, did you not say. 'llow about the hair, doctor, light or dark ' " "I might have: I don't remember." "Now, as a matter of fact, didn't Phil Levy say. 'lie ought to have known bet ter than that (meaning Cayley); we've been showing hint Kelley's picture all morning ?" "I don't remnembe r," said the witness. Then the aitt:ne-s was asked if it were not a fact that the wounded man dropped off in a sound slumber or stupor alter the alleged identification, as a result of the drugs administered to, sttmulate him, and he replied in the negative. The witness then denied that Cayley had nephritis, an affection of the kidneys, and denied that he had treated him for tue same in thie past. County Attorney Hreen foll.'ed this witn a redirect-ex.a, inlation, a;lnl said: "I'll ask you if I r. Cayley . as ever asked a questitn whn ascleel, while the statement was icing miade' by him ?" "1 don't think co," the iitness replied. Looked Much Alike. Hanson. under a luesti, t ironn Mr. Breen, said that Setmple and Kelley looked much alike, and tha.t he sholv.,d Cayley the picture of Kelley the first time at 6 o'clock in the morning of October 16. Dr. 'Turner was placed on the stand again after this. He gave the evidence re ferred to above as contradicting Hanson's., relative to the course of the bullet and germane matters. Mr. Breen then agnain offered the state ment of October i6 in evidence, but it was objected to by the counsel for the defense and excluded till more evidence should be given by the state, the court taking the view that the custody of the instrument since it was made should be shown. J. IM. Reynolds w..s called, but being ab uent, the examination of Dr. Turner was resumed. Turner testified that while Cayley was ratifying the statement he had periods of stupor and depression, but that his mind was bright, how ever that may be recon ciled. He told the court and Jury the bullet struck the shoulder of Cayley at right angles, went in hlh.t straight and lodged in the spine where it struck the latter. Outlines the Policy. Dr. Turner said that the medical policy, outlined in Dr. Ila.u:on's testimony of yes terday, of regarding the opinion of the public when considrinw.: a surgical opera tion was altogether false Iln his opinion, anld that he at hl;,et ldid not regard the public in deciding such matters at all. Hie also declared aln iniury to the spine showing the sanlte symptomtn as CaylFy's might be simple or serious, either, and that Hanson couli only tell approximately where the bullet in the spine was1 and nothing aJbout the exteint of Cayley a in Jue declared that if the bullet had been removed and the pressure relieved the paralysis might have been cured and the patient have recovered. In his opinion it was IHanson's duty to locate the bullet, and he said that Ilti son had agreed with him that an operation might relieve Caytcy and cure himt. , On Cross-Examination. In the afternoon the cross-examlnation of I)r. T'urner was commenced at :30 o'clock, the day's work having been opened at o:3 this morning, Judge Mc Clernan having instituted daily sessions. Turner testified that Dr. Hanson said Ie wou'dt take a statement from Cayley, in mo tter what the latter's answers should be' also that when Hanson went to the bedside of Cayley and told the latter that ,the statement was worthless if Cayley re tained hopes of life, Hanson shook Cay. ley by the shoulders, the latter being in a condition of stupor. Cayley lapsed into a sort of swoon or coma after being brought to to ratify the statement in the manner related, the wit ness said. When the witness next called on Cayley he found the latter still in a condition of stupor, The witness testified that the attend ants at the hospital told him strychnine and other drugs were given ('ayley, and the testimony was stricken out as hearsay, To Etimulate the Mind. The doctor then testified that th'e effect of the drugs was to stimulate tI.e mind, and that depression and impaired imemory At -lennessy's Big Store Rich Oriental Rugs Wash Silk Waists Rugs Iron) Rugs Two New and Nobby Styles Just S R s Opened, Regular $4.95 Values at at Iat e For $2.65 Fourth . Pourth stylishly ndo garments. Se the one ru rdisplay in Main street, entrance. Off ,ofn..f r orded Japanese Silk 1IrIe with full blouse front with t We offer at the speeal diccoulnt of 25 per cent off regular stock collar and without linings. prices about $2,000 worth of rich Oriental Rugs in several of Colorings green, lavender, pink, the best-known makes, from small rugs to the larger carpet sizes. blue an red strilpes on white Professional and business men should see them at once and take Frounds. All sizes from 32 to 40 advantage of the cut in prices. inches. Regular $4.,1.5 waists for B ed Pillow s 100 pairs Bed Pillows, covered $2.06. with a good quality o A. C. A. Pretty Colored Taffeta Silk W aists blue striped ticking, stuffed with clean eathers; weight 5 pounds to the pair and price only $1.25 pair. Made with full blouse fronts anId triumniel with fancy metal 85 large sized Comforts, butlons; hacks and fronts have snmlil and medium sized tucks, com forts filled with good cotton anl giving a very pretty elTfct. ('olorings are pink, gray, red, lav covered with'fancy silkoline. P'rice only $1.25 each. ender andi whito. Sizes 32 to 42 inches. Iegulr $4.5 values for $2.65 M ontana B lankets all150 ,, pairs 114 . White lwn lressing Sac s with tighte, nly Blankets, XX quality; never sold for less than $0.00 pair. Col- Only litting Iicks, full fronts, ruites onlV. Only ors are white, gray and sanita:ry. These blankets are made in around neck and skirt. All sizes to 42 Big Timber, of the finest wool, and should be used by every reni- 95c '" ino"'" sic o for i'"'c " dent of the state. Take elevator to third floor and patronize Short Kimonns of fancy ditniiy, white home industry. ,, lawn round neck and sleeves iand down the Each front. '"olors, ,ink andL lavender ,on w ie Each grounds. All sizes. I'rice n1ly 'lc eaich. New Wrist Bags Notice Display in Front Windows First Showing of Spring's Swell Styles A handsome assortment of the very latest shapes and stunning W hite B edsp reads effects in Wrist Bags, Chatelaines and Netsukes. The latter is Japanese, in richly embroidered designs on silk, choice mount- We offer a big snap today in white crochel.t INdnprcea ls with ings in Japanese bronze and o4ther strictly oriental conceits now pretty lMarseilles patterns; 2:t) in all; the biggest Ia rgin ever so fashionable. shown. Popular Priced Bags 10-4 Spreads Worth $i.oo for 59c .lt YH nWrist lags of walrus leather, in brown, ta,, S75c and gray, with plain gilt mountings and chain. 11-4 Spreads W orth $1.25 for 89c Rt Wrist Bags of wan.us leather, in black, with Shown in I lennessy's l)1i sti ic I )rlel)ttment 'r,,oay. a .,85c silver mounltings and chain. -- .. -- .................... A t $ . . 0 Writ ags of walrus leather, in gray, m brown, tan and black, with nickel mount ings and chain. t $1.2 rit ags of walrus leather, three corn l* prtilentls, color, tan, gray, brown 1lidh) Fancy Jewelry BULL I In our notion de)partment we are showing a large ltu of new anti fashionable piece.s ns eopy that will ,, cl , wantoed and i worn ,in, M instre M usic 25c e opy the coming season, and these pretty little things are modestly low in price. In Hennessy's Basement. New Waist Sets 1 ('4,)t Aint No A.t,,r. ' -61, i Could he With 10o." 25c to $2.00 a Set "31y Little h Ing Kong Ith. Mostly o,f white pearl, some are smoked '"I'll He lBuy All N4ext Week." -10 dillhrent styles; plain, round and culb "Out Where Ithe illw11, Rtll high." effects, ini several sizes, and some with gilt " 'Tis lBetter to Ihive Loved uan Lost." and silver mountings. SNew hains '1I long and fu'° itblo chains Not $1.00 Pictures arc shown in a variety of up-to date styles. Nobby things in gun metal, plain and set with for $1 stones and pearls. Bead chains in pearl, turquoise, amber, jet, But $1.65, $2.00 and $2.50 Pictures for $1.00 coral, jade and gun metal. I'rices from 50c to $10.00. Torlay we olfer the cll.,hic.e of nearly a tlhousand pretty pi, ovelty ~esklNs Foe o,,,,et,, t ,ncy comi, ,lt. . ,,, tre,, atly blt r , , ,t tie , l) ,,lIiir ic i ,I one idlar. Several, Novecl es brooch pins, lockets shown in our (ranite str.et winhw will c,',nvhic you of th<, and hearts in a variety simply indescribable-gun metal, jude, adviisability of ,13uyiig se014. lhre's a 'ekcrilption of a few turquoise, pearl, amber and shell. New lot hat pins, new rings, styles. bracelets and other things. *h New atches ooSwiss oveents in hoice One Dollar Each snimooth gun metl ecases with Flu suniile wmtEr colori s in vnceereod faeo, itwo imhe s wid,, open faces and very attractive dials. The latest put. Choice of sizi 10 by 20 inc'hsr, witlh oal oal li.gs. several styles for $12.00. An eightday watch, similar to the ('oslmo s'tijects ii great vriity, witl " i nd green frame others, but slightly larger, for $12.50. Did yellou ever see a size 15 by 20 inces and : ' inichs wide. watch that could run for eight aliys' Come and we will show you. i' iit subjects in " turte inc' gilt fi'iumo, sie 15 by 2o0 dGirdle Belts fteh are showing dozens of dif- inclies . ferent styles in black ribbonvel- P'hoto color )pic11tues, sivernil smibjcts in threel i inch. gilt vets, fancy braids, nobby cords, plaittcd silks andlt stitched silks, ftramnls, sizo 15 by 20o inchl's, with oval o.dlilln , mgs including the new tartan plaids ttmnl chccks. P'rices fronl 25. to ()Original Japnn proots of (ibson gils, ill 1. hinch ebony 55.00 each. * and gilt frames, St/e 12 by 1 ii,(ches, and sv, cral other styles.3 mammmemmemm followtd the subsidence of the atimuldiing effect. Hie testified that the last time he saw Cayley alive the latter was sitting up and smoking a cigar and reading a newspape, and that Cayley told him he had just eaten a hearty meal and, was feeling fine 'Did he tell you v hat he t.ad eaten 'tie attorney asked. "Chicken," was the reply. "Anything else ?" "I don't thiik so." "This was tao or three days before hi, death ?" "Yes, sir." "Did he expect to die then?" "No; he expected to get well then." Dr. Turner testified that the feeding cf solid food to a paralyzed man, such as Cayley, was unwie, and tended to prqucc indigestion and heart failhre, the digestive functions being much impaired by the paralysis. No Operation Intended. In his examination yesterday Dr. Han sun te.s..:.e he had no intention of ever operatin., c; Dr. Cayley, although the told a numbr cf people he should do so: also that while he put Cayley under the X.ray three tin.as, he did not care at any time whether he found the bullet in the latter's body or not, and never intended to' make an effort to remove it; also that, while he told people Cayley had a chance of re covery, he was always certain the latter would die. Hanson pgave as his reason for nut oper. ating on (ayley that he bIlieved the lat. tor would die under the knife, a,id that then the public would blieve he kill: . ('ayley. KING SHOWS HIS INTEREST Will Send Prince of Wales to World's Fair in St. Louis. BY ASSOC'IAT.E PSRaS. l.ondon, Anril aa.-Thle appointment of the Prince of Wales as president of the royal commission which is to represent Great Britain at the St. Louis exposition will be made at the special request of King Edward, who thought he could best demonstrate his personal interest in the exposition and his cordiality towards America generally in this matter. John Redmond was invited to be one of the Irish members of the commission, hut his many engagements necessitated a declina tion. Moving for Liberty. BY AsSOCIATED PRF.I. San Franelsco, April za.-Isack from her journey Seattleward. Mrs. Adelaide Llyyd Smith, promoter and alleged swindles made her second appearance before Superior Judge Causoll Cook this mornisg on habeas corpus prlo eding%. he'I writ is Iar ed n in ultficilnt vident. . It is Irbeevd the pri uncr will be reniandt I a 'ecoll tilme.l SWAN MAKES DENIAL OF INTERVENTION STORY State Agent of the Western Union Tele. graph Company Says No Injunc tion Will Be Asked. S.'l IAI. TO 'rile IN'II.R MUtOIN'IAIN. leleiia, April a.-.ames Swan, state anent of the Western Union, denied today that the company had any intention of asking for an injunction in the LUnited States court. "Should such . step he contemplated," said Mr. Swan to the Inter Mountain. "I should certainly know of it. I am certain the company does not mean to ask an in junction. "I cannot say whether an injunction will be asked at a future date, but you can say for me, that it is not contemplated now,' Roosevelt Honorary Member. BY ASSOCIATED PIIREPl, Washiniton April ia.-The Signs Nu Phi, the new (reeck letter law fraternity has grant ed a charter to a chapter of the Ul'iverslty of Indiana and has received acceptance of honor. ary membership from President Roosevelt. FOR STAITESHOOTING TOURNAMENT MONTANA SPORTS MAN'S ASSOCIATION TO BE HELD ON APRIL 29. SI:i, IAl 'I O TIlE IN'ER ,IOUNTAIN. llclena, April aa.-John II. Farmer, see ritary of the Montana State Sportsmen's association, today announced the prograu for the state tournament, to he held three days, beginning April an. It is expected that sollle ao clubs will be represented. WEEK ENDING EXCURSIONA Via Great Northern Railway. louldcr and return, good on Sun days only .....; o Basti and return, good on Sundays , only 1 ...................... 0 Boulder and return, good Saturday until Monday ........ o.. Alhamnbra and return, good Saturday until Monday ...... a 3o Ticket office, No, 4: North Main street,. Butte. W. R. MEECH, C. P. & T. A.