The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-11-20
IN THE DIS
TRICT COURT
The First Jury Trial Was
Held Monday.
BOWEN FOUND Gull TY
And Sentenced to One Year in the Pen
Henry Hauert Acquitted by
the Jury.
BOWEN FOUND GUILTY

After dragging slowly along for
several weeks the district court got
c.,Nn to business MONDAY. ~hcn the
first jury trial was h".ul. The
panel jurors as drawn some time ago
was returned Monday and the one
i,.i, will act for both the September
and December terms of court.
The first case tried Monday was
that Of David Bowen. who was chafs-
ed with stealing valuable sealskir
cloak, the property of Mrs. Frank
Swellenback of Jennings. The theft
occurred on October first and since
that time Bowen has been in the
county jail in this city. When ar
rsiened short time ago he plead
not guilty and saying he was with
out means to employ an attorney. he
asked the court to appoint one for
him. In accordance with his request
+. n. Greeman was assigned to look
out for his interest.
Bowen is remarkably smart man.
and aided his counsel in defending
himself in a most able manner. The
case was quite long and was most
bit orlv contested Bowen tried to
prove that he was not in Jennings
on t!r day the coat was stolen and
that 1le found the coat where two
men had placed it in a pile of ties.
Tie claimed to have overheard the
men talking about caching some
thing. and that when they Went
away he hunted around and found
Tie coat He then took the coat and
| loft - t,-ith lido Rofnc IF tho in
/ mates Of a dance hall telling her he
would return for it. but before he
| could Go so he was arrested
Several witnesses were examined
on both sides and at the conclusion
the case was given to the jury. At
ter his attorney had closed his argyll
ment to the Jury Bowen asked per-
mission 70 address the jury on his
own behalf, but the request was re-
| fused. The jury was out about an
hour and returned a verdict Of guilty
and recommending that he be SEN
| fenced to the state penitentiary for
one wear. Bowen had evidently been
afraid he would get longer sentence.
as when he heard the verdict a look
of pleased surprise passed over his
face and he bestowed a hearty
'fhank YOU mon the jurymen. He
was sentenced by the court this
morning at 10 o'clock.
| The case of the state against Henry
Hauert was then taken up and tried
| DURING the balance of the afternoon.
| The charge against Hauert was that
of assault in the first degree, he hav-
ing boon one of the principals in the
gun faht in Columbia Falls on Octo-
Ter oS, when Henry Frieland was
wounded. B. J. McIntire acted as
Hauert's attorney. while the prosecu-
ton was carried on by County Attor-
pev Oliver.
The state had a large number of
witnesses who had been present at
the shooting, but their evidence was
about the same. Manager Hockett
of the saloon where the shooting
took place related how Hauert and
Mcmillan had entered the saloon
enSa~ ed in a dispute as to whether
or not Mcmillan had hired a team OF
Mr.. Hockett the night before
Hauert tried to prove by Hockett
THAT Mcmillan had done so. but could
mot. as HOckett told him the team
had been rented from the Haskell
livery stable. Mcmillan and Hauert
had some words. when Mcmillan
called Hauert a liar. With this the
latter reached to his belt for a re
: volver. but it stuck and he had tc
make a second effort before he coul6
withdraw it. end by this time Nc
MILAN had pulled his and the shoot
/ inc commenced.
The stories Of all the witnesses was
about the same but none could sa,
which fred the first shot, but were
Unanimous in stating that the mer
fred together. Frieland was sittins
in front of Mcmillan and when thu
: SHOOTING commenced he ducked tt
, the floor. and as he did so one of tn,
bullets struck him behind the ear
/, and another struck him in the back
He afterward was placed in the car
of physician and the bullet in hi
r head was extracted but the othe
s. could not be found. He is able TO b
S about and is apparently suffering n
S i'll effects from his lively experience
# The case was not finished whe
S court adjourned for the day and
Il was about II o'clock Tuesday whe
r the case was given to the jury. TIL
latter was out for several hours an
returned a verdict acquitting Hauer