Fergus County argus., 1904-02-10
TOM HUIETT
ACQUITTED
Successful Plea of SeIfDefense Made
by the Man Who Perforated
Chris SWAMI.
THREE DAYS FOR THE TRIAL
Good Progress Made From Beginning
to End-Eighteen Witnesses es-
amined One Morning.

ibUl llui'AN dalh ll''' e'Nf'a s''
toon. Worden G. Smith. succeeded in
convincing twelve jurors that he was
acting solely in seIf-defcnse when on
the night Of November 7th, last year,
he shot and severely wounded Chris
SWAMI. The trial required three days,
which, considering its nature. was re-
markably good time The case was
ably prosecuted and defended. The
states attorney. o. w. Belden, left
nothing undone to convict Huiett. On
the other hand, Huiett's attorneys had
their case well prepared. and, all
things considered, the result was not
surprising to one who neard all OF
the testimony.
SWAMI himself, who was first placed
on the stand for the state, was not
very good witness. He was fierce
ly ross-eXamincd and made many
statements which were Dody blows 10
the states case. The testimony OF
the witnesses for the state was, SUD
stantially, that SWAMI went to the
dance in the hall that evening ana
while there got into an allercatlon
with Huictt, who was acting as moor
manager SWAMI was creating dls-
turhancc, not of a very serious ma
rurp. but sufficient To cause Hulett
to ask him to please stop. SWAMI re-
sponded with blow az Huiett, who
struck him over the head with n oil
let. After scuifling around for Few
moments they were separated ana
Swami left the room. He went down
the steps and was around outside un-
iii Huiett came down. When liniett
came along he said to SWAMI; Il un.
derstand that YOU have gun for me,
and at the same time drew his reVol'
yer and emptied the contents at
SWAMI, three of the bullets taking Ell
feet SWAMI did not have out his gun
when Huiett fired. The men then crap
pied and while they were lighting,
Huictt repeatedly struck SWAMI over
the face and head with his revolver
They were separated and SWAMI tax
en- 10 Il doctor Several of the wit
nessrs testified that lluiett was the
aggrcssor and opened up lulliSade
of shots at SWAMI before the latter
had ever made any motion TO get his
Gun. The state concluded its case
Thursday shortly bcior~ noon and the
defense al once put Oh their Witness
cs. According To Judge Cheadle. a
record was made that morning, as
eighteen witnesses weic sworn ana
testified within three hours.
one of Huiett's witnesses was Ralph
York. He was evidently intensely
partisan 10 Huett and was very Sc
yerely reprimandcd by the court for
volunteering information before II
had been asked by his questioner
He was with Huiett through all OF the
trouble and in the alteration In the
hall told Huiett ITO go after him.
From his testimony York encouraged
Huiett in every possible manner TO
settle things with SWAMI.
Harry Rickard. a l6.ycar-old boy,
testified that as he was going up into
the hall after the first fight. he saw
SWAMI al the bottom of the steps and
that SWAMI told him TO 20 up and tell
Huiett to come out and they would
settle the matter.
Witness Stallabrass heard SWAMI
making threats against Huiett eight
or ten days before the difficulty oc-
Cured. SWAMI told Stallabrass that
he would "fX that --- some
Gay"
Thomas Parker was with SWAMI
shortly after he was shot and heard
SWAMI say, Il was partly to blame
for this"
J. w. c. Sloane was in the hall and
saw SWAMI after the first affray. He
tried to get SWAMI to go down and not
have any trouble there, but this SWAMI
refused to do, and said that If Huiett
would come out he would fix him."
John Roe heard Iuiett say to
SWAMI In the hall, Please go out or
he quiet" to which SWAMI responded,
I'D like to see some -- put
me out" This witness also saw
SWAMI getting some shells for his gun
from Jackson. the storekeeper.
Will Burris testified that before the
shooting occurred SWAMI went TO the
saloon after revolver. When 1t was
handed to him he said IF any -
-- in here wants any of this he
can have It,"
Huiett was in the place at the time
and SWAMI obviously meant the re-
mark for his enemy. He got up and
left the place.