Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1905-01-26
HR7 NOT GUILTY.
Jury ACoUIrs DBFBNDANT IN
HRRIMGTON CASE.
His Plea was Self Defense in Killing
Herman Dnval. Rock bland Brake
man, Christmas Night-Story Of
the Trial.


being out 9 hours the Jury in the case
OF State VS.. Henry Hirt, returned .
verdict OF not guilty. Hrt snot and
killed Herman Duval. Rock Island
brakeman, on the street in Herington
Christmas night. He claimed thHt ne
did it in self defense.
Hirt, with his father and mother
who we're here for The trial, left for
home, Parkerville, this morning, via
junction City.
The proceedings Of the trial were'
[From Tuesdays Daily.l
The case OF Henry hIrt OF Herring
ton charged with the murder OF Her
mar. Duval, o Rock Island brakeman
came up in district court today for
trial. Hirt is country boy little
past 20 years old, apparently peace
able and inoFsnsive. His parents
live in Morris county and his attor-
news are G. W. Hurd Of this city and
Judge M. B. Nicholson OF Council
Grove. County Attorney Towner and
s. S. Smith represent the state.
The Jury was secured in . short
time. only 81 men being called before
it was complete as follows: Albert Dill
on,l P. o. Erickson, A. E. Lind Theo.
Williams, VIM. johnson, J. D. Will
SON, W. W. Cline, Harry Heller, John
Carney, G. Goodell, M. s. Combs.
The court room was crowded all
day with spectators, many being from
the country. In the forenoon the
wife Of the murdered man, Mrs.
Duval, was examined; also her brother,
Fred Willig. Mrs. Duval was nearly
Frustrated by the experiences Of the
past few weeks.
Mrs. Duval and Mr.. Willig were
walking with Duval when the three
met Hirt on the sidewalk and collided
with them. Their testimony was in
substance that Hirt called Duval a
hard name, that the men then OK.
changed blows and Hirt shot. They
said Hirt began the trouble and DuVal
was mot the provoker of the attack.
City Marshal Dairy Of Heripgton
and DR.. H. H. Sutherland were on the
stand in the afternoon.
In the Council Grove papers re-
Gently Judge Nicholson gave some
details Of the homicide which will
doubtless appear in the defense. One
thing insisted on is that Hirt was en-
tirely sober when the deed was done;
The statement continues: Hirt had
been in Herington about week,
having gone there to take a night job
with the Rock Island railway aud was
on his way to work when the shooting
occurred. He had never met Duval,
the man be shot, did not know him
and did not speak to him. Duval, bis
wife and wife's brother we're coming
up the sidewalk abreast, arm-in-arm.
Hirt met them and attempted to pass
between them aud a barbed wire
fence which bounded the lots next to
the sidewalk. Eirt brushed against
Duval, not against his wife as first re-
ported, and Duvsl at once began to
upbraid him for it. Hirt answered
him in way that angered Duval and
the latter kicked him, knocked him
down and smashed Q lantern over him
after be was down. As soon as Hirt
could get himseliinto action he pulled
his revolver and shot. Duval was 90
close that his clothes we're powder
burned. Hirt fred one shot and then
held of other parties with his gun
until the marshal took the matter in
hand. Hirt's clothes showed the
struggle and hiS body showed the
blows. Hirt claims he thought be
was about to be killed. He has lived
in the country all his life until he
went to take his job. He never car
ried pistol at any previous time in
hia life and would not have been car
rying one at this time except that
some Of bis friends had persuaded
him in going to and from work In the
night he might some time need It.
He evidently thought this the time
and used It. Duval weighed about
1870 and was an athlete.
prom Wednesdays Dafly.l
The testimony in the Hsrington