The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-05-31

ZION stated JndC Jno man naQ Deen
dead for several hours.
A fracture of the skull was found
on the side Of his head which had
formed large clot of blood. This
had pressed on the brain causing
death
The deceased was Immediately rec
ognized as the man who was hit in
the dance hall, and warrant was
issued for the arrest of Nettie Rus
sell on the charge of murder. The
witnesses for the state, while con-
veying the impression that the fatal
blow had been struck by the defend
ant, were not able to prove conclu-
sively that she had done so. No one
was able to swear positively that she
had struck the blow, as no one had
seen her.
The defense was quick to take adj
vantage Of this technicality, and
when the state rested, Mr.. McIntire
moved that the case be dismissed,
but his motion was overruled. The
defense then stated that they would
put no witnesses on the stand, but
would make their defense in their
argument to the jury, and the court
| fixed the hour for argument at Z
p. m.
At the time appointed County At
torney Oliver opened for the state.
followed by w. T. McKeown for the
defense. The latter spoke but a
short time, denying that the state
had produced evidence duplicating
the defendant, and in a general way
belittling the prosecution He was
followed by Mr.. McIntire. also for
the defense, who explained why the
defense did not permit the defend
ant and her witnesses to go upon the
stand, 1t was not necessary, he said,
to do that, as the state had not only
failed to prove any allegation in their
complaint, but had failed to prove
any one of them. Mr.. McIntire said
that there had not been a witness on
the stand who had seen the fatal
blow struck, and above all there had
been no testimony that could impli-
cate the defendant. One of the prin-
cipal witnesses for the state had
seen a tall woman pick up a cuspi-
dor, but when asked if he had ever
seen the defendant before, he ans
Wered, no.
Mr.. McIntire also laid stress upon
the fact that Hawkes. had been seen
to fall from the wagon seat and
strike his head upon the end
gate of the wagon. One of the ply.
sicians, he said, who was on the
stand. had testified that if the de-
ceased had fallen hard enough such
a fall would have been sufficient to
cause fracture. From this, the de.
tense desired to give the impression
that the fracture was not caused by
being struck, but was the result OF
the fall.
Mr.. McIntire made a strong argu
ment and denied with much vehe
mence that the state had made out
a case against the defendant.
After McIntire's remarks. County
Attorney Oliver closed for the state
and decried the attempt of the de
Tense to prove that no case had beer
made out by the state He spoke
briefly, and at the conclusion of his
argument the case was given to the
jury, which retired about nine
O'Clock.
The jury was out all night and hat
several ballots during that time, Il
being for acquittal and one only
for conviction after the first few bal
lots. This man stood out unit
about 10 o'clock Friday morning
when he was finally brought tt
} see the error of his course ant
agreed on clean acquittal.
The outcome was not much of 8
surprise, as the case of the state hat
been most loosely conducted ant
there was positively no evidence pre-
scented that would implicate the Rus
: sell woman more than any other in
mate of the place. No doubt it wa.
a gross miscarriage of Justice, bu
the jury could not do otherwise I'm
der the law and evidence. Tha