Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-02-26
FINED $40.
He Put a Head on David DeZell of
Flatwillow.

He Put a Head on David pezeil OF
Flatwillow.
The case of the state VS.. Frank
NJ. Mccartney was brought up in Jus
tice Netherlands court on Monday
The complaint filed against the de
fondant in the first place was assault
in the second degree but this was
changed to third degree by mutual
agreement of the counsel and on Nc
Cartney being found guilty he was
fined $40 and costs. which he paid.
The complaint was sworn out by
David Dezell, who alleged that Nc
CARNEY beat him in a most blood
thirsty manner with a quaking asp
club SO as to necessitate his being at
tended by DIR. Treacy. The doctor on
being put on the stand stated that
when he attended to Dezell he found
a wound in the fore head, a cut in the
scalp in the region of the posterior
portion of the occipital bone and an
abrasion to the right of the parietal
bone. besides which the plaintiff stat
ed that he had several bruises OF his
body. The doctor said he could not
state whether the wounds were in
nicted by a club or from falling
against something.
David Dezell said that he and Nc.
CARNEY had been living together in
a cabin on the Mccartney ranch.
which he had leased. since January
ith. He testified that Mccartney
Rad been living entirely at his expense
and refused to render any assistance
in keeping up the grub pile. This
grew monotonous and the plaintiff
said that after telling Mccartney to
leave and take his appetite with him,
times out of number, he threw his be-
longings out in the snow while he
was away and locked the door of the
cabin to prevent the entrance of his
erstwhile partner.
Dezell stated that Mccartney came
back, il was on the 18th of February,
and came to the barn with a club and
commenced to beat him after the
same manner in which carpets are
beaten by the busy housewife in the
spring. He related how Mccartney
knocked him down by a blow from the
club and still insisted in plying it
ir a most strenuous name and ever
threatened to kill him, which was on
ly prevented by Dezell getting away
to a nearby neighbours, from whence
he came to town and swore out a
complaint for his assailan's arrest.
Many witnesses were heard who
stated unanimously that there was not
the slightest doubt that Dezell got
licked, but could not say whether
with a club or not.
Mccartney, who is as big as a four
year-old steer In the fall, on being
sworn said that he had been stopping
with Dezell feeding cattle for Mr..
Ctott, who is now in charge of the
Cruise ranches and who had bought
hay belonging to himself and Dezell.
He said that there had been trouble
brewing for some time owing to the
fact that Dezell did not like to feed
the cattle, as he had been endeayor
ing to get the job at higher wages
which Mr.. Otott had refused to pay
and had given it to him Mccartney.
This made Dezell mad and Mccartney
stated that 1t was hard to live with
him, as he acted like a bear that had
been shot with a load of bird shot
and "a growing all the time. When
asked If he used a club, he held I'D a
fist like a shoulder of a ham and said:
That's all the club | used" He ex-
planned that the cuts on Dezell's head
were due to his falling against a log
in the stable and being knocked
against the side of the structure.
He denied that he threatened to
kill Dezell and said that he was too
busy to talk while in the barn.
After a few minutes deliberation
the judge fined the pugilistic gentle.
man from Flatwillow $40. which, with
the assistance of his friends, he paid
and went back home.