The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1903-02-20
No Excuse for Mettler Having Fired
That Shot at Him.
STOOD IN THE OPEN TIMBER
Less than Severty-fve Yards Away.
Scown Makes other Charges
Against the Man Who Brought
Him Near Deaths Door-Case Con-
tnued for One Week.

There were a number of witnesses
examined at the Mettler hearing
Tuesday, but aside from the testi-
mony of Thomas Scown and w. F.
Ludwig, the story related solely to
the distances from different points
and particularly the distance from
where Scown fell to where Mettler
stood when he fired the shot The
hearing consumed most of the day
and at the close an adjournment was
taken until Thursday, February 26,
at O'Clock p. m. By that time the
testimony will be transcribed by the
stenographer and the attorneys VII.
review it and make their arguments
At the completion of their arguments
Justice Sullivan will decide whether
or not Mettler should be bound over
to await the action of the district
i'lrt
ScoWn's story Of the unfortunate
affair differs from that of Mettler in
many respects, especially as to the
distance between them. He and
Ludwig had separated but a very
short time before he was shot and
he asserted that when the bullet
struck him he was going through
open timber and that there was no
more excuse for Mettler installing
i'm, n 1nOr fhar bor hn iu
an open road. The timber was open
and with practically no underbrush
and he discredits Mettlers story that
he was partially hidden by bushes
as there were none in that vicinity.
Scown was in the act of stepping
over log and glanced over his Shout
der just at the instant Mettler fired.
He saw the flash Of the rifle followed
by the shock of the bullet as it tore
it's way through his abdomen and
left leg. The shock forced him to
the ground, and he called for Nett
Ter, receiving no response he called
again. No answer being received to
either cry he called for Ludwig who
responded at once and came to his
aid. Ludwig removed his coat and
placed it under Scown's head and
made him as comfortable as possible,
and then he called for Mettler and at
his second cry the latter came slow
ly down the hill. 1t was almost five
minutes from the time he fired the
shot until he came to the wounded
mans assistance.
Scown feels quite bitter against
Mettler not only for being the cause
Of his narrow escape from death, but
or account of his Indifference since
he was placed in the hospital. He
claims that Mettler has neglected to
fulfill any of his promises to help de-
fray his expenses and has also refus-
ed to provide in any way for his fam
lily. He asserts that Mettler did take
up a collection for his benefit among
their fellow workmen and then kept
Part of the proceeds for himself
| for medical aid. Mettler has been
remiss in aiding Scown and for this
reason has but few sympathisers
among the people who are familiar
with the circumstances.
| There are some things connected
with the case that the prosecution
believe will end in Mettler's convic
ton. If it can be proven that the
| country is open timber and that oh
! jects can be plainly seen at a greater
distance than that between Mettle1
and Scown, the former will have {
hard time explaining how, to his
eyes. Scown looked like a deer. Ii
his story of the affair told when tn.
shooting occurred, Mettler stated
that the distance was over 200 yards
but the witnesses who measured tn,
ground swore at the preliminary tina
it was only about IS yards.
i The case is an interesting ont
from the fact that this is the frs
time in the history of the county tina
man has been arrested for shootin!
another by mistake while hunting
The complaint alleges that it was as
sault with intent to kill. but it i
hardly probable that this charge vii
hold To do so a motive would frs
have to be shown, and as far as cal
be learned there is nothing to shoy
that such motive exists in thi
case. The two men were apparentl
on good terms and had been fello,
workmen for some time without ali
dis. greemerts. If the charge shpll
; be changed to criminal careleSSneS
there are many who are of the opiI
ion that speedy conviction woul
follow, and it is probable that sue
change will be made.