Fergus County argus., 1901-10-30

testified as to those tracks, and
map OF thesituation was used during
the trial. Those tracks plainly
showed that Howell had approached
from the direction Of the Pirrie ranch,
had lain down In the alfalfa, waiting
for Rolling to appear; when Rolling
came from the opposite direction
Howell had raised up. and as Rolling
not Howell-turned to flee, Howell
had shot him in the back; that shot
did not bring him down and doubt
less involuntarlly Rozling had half
turned again when Howell fired the
second time, Rolling falling forward
on his face. The footprints OF Roz-
ling and Howell were sixty-five feet
apart. Part of Howell's defense was
that he had fired but once.
The cause OF the tragedy lay fur
ther back than many are led To be-
lievr. Evidence produced at the trial
showed that early in the year, when
both men were employed by Moule,
that Howell anI Rolling had quar-
relied; that Howell had left MUule's
employ because he could not get
along with Rolling and Redheld, IA
witness, testified that Howell had
said early that spring that he would
have preferred to work for Moule,
and added, referring To Rolling: "Fll
fix ihat ---- before the sum-
mcr Is over" From that sprang the
hatred, which was nurtured and in
tensiiied by the quarrcls during the
summer arising out Of the trouble
between Moule and Pirrie concerning
water, and which finally resulted in
the cowardly shooting oi one, and
! II justice be meted out-the execution
oi the other.
The evening before the ckilling How
ell and Rolling had had a personal
encounter at u headgate, Howell get
| ting much the worst Of IL. Accord
| iug Ia Witness Downs-of course
llnwpll's story was Opposite-How-
ell was then the apgressor, striking
mt Rolling with IA shovel. Rolling
had retaliated, bore his adversary To
the ground and beaten him severely,
Downs causing him to desist. As
corruborative OF Downs testimony
that Howell had attacked Rolling
frat, DIR. Hogan testified that upon
Rozling's shoulder he had found
marks Of IA wound Of evident recent
inillction and made by some blunt
instrument-the shovel handle as
Downs stated.
From that quarrel Howell had re-
turned to the Pirrie ranch, had
broodcd over his injuries, real and
fancied, and determined to kill Roz-
ling. Witnesses. several of them,
testified to having seen Howell load
ing his rifle, and Witness Lamson
testified to having overheard Howell
say that evening: "l'll kill the -
- -" Lamson's testimony
worried the defense, and Howell's
attorneys sought by every means to
get rid Of him, To put him off the
ranch, To locate him somewh here else.
To mix him ia dates, hut Ii proved
unavailing, and the best they could
do was to produce several who said
they did not see Lsmson on that
night, though always on cross
examination admitting that he might
have been there.
The defense put upon the stand sew.
eral witnesses In an attempt toprove
Howell's previous good character.
among them being two Shepards
who had known Howellin Wyoming.
Il. l.. Halbert was one of these char
acter witnesses, and when his turn
came he was forced to admit that he
had previously said Howell was OF a
revengeful disposition. Pat Quinn
was the last witness produced by the
defense, and testified to Rolling 4
wanting him to remain that summer
and help irrigate and that when be
(Quinn) had refused on the grounds
of fear of trouble Rolling had said
"lf Howell makes any trouble Pllkill
the e-----." Upon cross-exami.
nation witness fixed the time of this
alleged threat and il was proven
that both Howell and Rolling were
) then in the employ Of Moule. Quinn
was the poorest Of several very poor
! witnesses
i. As good jury as could be picked
within the limits of Fergus county
T. considered the cHse. Upon the first
, ballot they stood ten for conviction
and two for second degree. After n
g short discussion of the case they
! agreed upon the maximum penalty
Judge DuBose, who throughout tn,
> trial spoke well Of Howell's appear
n ance, and who presided with abso
lutte impartidlity. endorsed the yer
. dict at the time Of passing sentence
l. though deploring the circumstances
n preceding gthecommisslon Of thecrime
The jury had been impanneled TIT
day after william Calder had beer
IS hung for the murder Of McRae; the,
q knew what the effect Of their verdic
: would be, and they realized the jus
l. tice OF fixing Howell's punishment "a
4, death.