The Dickinson press., 1905-09-02
KILLING OF B. X. ClEMlE.


SECOND TRAGEDY ON liner.
/ RANCH. CORONER'S JURY AC-
QUILTED CHARLES HARTWELL
WHO ACCIDENTALLY DIS
= CHARGED SHOT GUN WHICH
CAUSED INSTANT DEATH OF
HIS BEST FRIEND.
Tuesday morning Benjamin. K. Clemie
was shot and instantly killed by Charles
Hartwela at the liner ranch, 3osmiles
northeast of Dickinson.
The shooting is believed to have been
accidental. The aged mother and other
relatives of deceased so believe, the
nearest neighbors are of the same opin-
ion, and the coroner'si inquest, convened
at the scene of the tragedy on the goth
and concluded in Dickinson the follow
ing day, found absolutely nothing against
Charles Hartwell and he was dis
charged.
On the goth day of May, 1904, B. K.
Clemie shot and killed o. P. liner with
in a few miles of the spot where he lost
his own life this week. He claimed
self-defense and was acquitted by the
jury after a hard fought trial.
1t will be remembered, too, that
Charles Hartwell was an eyewitness of
| Clemie's deed and stood faithfully by
him during the long trial, having been
confined in Jail for months prior there
to.
Charles Hartwell came to Dickinson
on Tuesday, told what he had done and
gave himself into the custody of the
officers.
Coroner Schmidtbaurer summoned
Alfred White, ssFredi Roquette and Chas.
Brislin as jurors and, with Sheriff Har-
tung, Attorney Baker and others, drove
to the Clemie place. The body was re-
removed to L. A. Davis 4 Sons UNDER
taking establishment in Dickinson, and
Thursday afternoon the inquest was
completed at the court house.
Attorney Simpson assisted the state in
the prosecution and Attorneys Crawford
and Burnett appeared for Mr.. Hartwell.
Miss Alice Campbell acting as steno-
grapher.
DR.. G. A. Perkins testi6edslto making
careful examination of the Clemie body.
He found A. clean cut wound, size TX
inches, on left side of body about half
way between hip and shoulder. inflicted
by gun shot from behind at close range;
shot penetrated heart; upward and for
ward movement; perferation of breast on
surface, about 81 inches; 6 large shots
taken from body, near surface in front;
death instant; no other marks indicating
violence upon body; body thrown on
back about 30 feet from mower.
Charles Hartwell testified that Clemie
and he were cropping and working the
land together; lived half mile apart;
had been intimate for several years, etc.
testified that Clemie was running mower
in millet field; requested him to bring
gun along as there were chickens in
sight; he had 4-tined pitchfork v gun
barrel; as he got neat Clemie he saw
chickens. slipped along nearer. cooking
gun at same time and same was acct
dentally discharged. He was very near
Clemie; dropped gun and fork and
sprang forward to catch him; Clemie
groaned and fell back from the seat as
Hartwell threw his arms about his waist;
he eased him to the ground; saw that he
was dead; tied horses to fence; told his
CHartwell's) wife first and then others of
what had happened.
The cartridge discharged had been
loaded several weeks previous with buck
shot for hawk.
Thomas Bailey, near neighbor, testi-
fed that Hartwell called him and said:
II am unfortunate; 1haye killed my best
friend" and cried.
A. J. Osborn identified 5 pictures he
had taken at place Of tragedy.
y, Mrs. Clemie, mother. of deceased,
called, said that Charlie Hartwell had
lived in her familya number of years
prior to his marriage; was a good boy;
never had any trouble with Ben; they
seemed like brothers.
The state had other witnesses but did
not care to call them.
The coroner and jury announced that
they were ready to close the inquest and
Mr.. Hartwell was released.
Mrs. Clemie, mother, aged II years,
attended the inquest; also Lewis Brown,
brother-in-law, Mr.. and Mrs. Will Hecht,
neighbors, and several others were pres.
ent.
Benjamin K. Clemie, aged 80 years,
was born in Canada, and lived at Coop
erstown, N. D., for some time prior to
coming to the western part of the state
about three years ago. His son, John.
was $ years of age last May.
49, ~