Fergus County argus., 1904-02-10
DAVIS CONVICTED.
Man Who Assaulted a Negro Will Get
fenlte ntiarY Sentence.

! There wEs some surprise in sever
al quarters yesterday morning wheT
the Jury in the case of state VS.. Davis
| brought in verdict of guilty of as
sault in the second degree. Davis vii
be remembered as the man who. or
the 2lst day of November last. STRUCK
negro. James Lindsey, over tht
head with a hatchet. Owing perhap:
10 the TACT ;nat he struck the negro
/ over lie head instead of on some vul
nerable point of his anatomy, no ser
| ious damage was done, the negro be
,ng up and at work within few
hours after he had been assaulted
The quarrel came up over some tools
which Davis, who is a plasterer. had
borrowed from John Hughes. Wher
| they were brought back some of then
were in an injured condition. Nr
Hughes gave Davis talking to on &C
count of the tools and Davis state,
to land on Hughes. But Jack picked
up piece of wood and made Davis
stand off.
Davis then said that the negro was
responsible for the injury of the tools
and that he would go after him. Suit
ing the action to the words. he turn
ed and rushed down into the base
ment, where Lindsey was at worF
mixing mortar. Without any warn
ing. according to the story of the as
saulted man, he struck the negro ov
er the head with a lathing hatchei
which he had in his hand, knocking
Inn down. Hughes saw the fight and
was the principal witness for 'he
state.
The defense put up the plea of self
defense and made hard fight for &C
quittal They had dispositions from
Judge J. b. Leslie and Herbert Strain
of Great Falls. to the effect that Dav
Is reputation as to being a peaceable
and law-abiding citizen was good. All
of the testimony was in Dy supper
and the arguments were completed
at 10 o'clock, when the case was Civ,
en- to the jury. About midnight the
court called the jury in and asked II
there was any possibility of them com
ing to a decision very soon. They
replied emphatically that there was
not, as they were then tied up with
no likelihood of an agreement being
reached during the night. The court
and officers then went home only to
be called up at 3 o'clock yesterday
morning to receive the verdict of the
jury. The punishment for the crime
OF second degree assault Is imprison.
ment in the penitentiary for period
of not less than one year nor more
than five years.
Davis was released on bail until
tomorrow morning, when he is to ap.
pear for sentence. II is probable that
new trial will be asked for. His
son. Otto, of Great Falls. was present
with him during his trial.
The Magallon case Is now being
tried. having been begun yesterday
morning. Jud Magallon, the defend.
ant in this action. is accused of hay.
ing driven off and killed on or about
the 9th day of August. red. un.
branded bull calf belonging to Eugene
Stillman. He was acquitted by Jus.
tice Mcfarland at his preliminary
hearing held September End The trial
occupied three days of the November
term of court and resulted in hung
jury. II will probably occupy an
equal length of time at the present
hearing, Following is the jury try.
ing the case: w. j. Adams, r. G..
Jackson, A. Narden, Marion Maury
]. j. Mcdonnell. Ed. Fields. Martin
Durstine. Phil Wight. Benton Norris
f. H. Thompson. w. C. Weston, j. p.
Anderson.