The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-06-28
PRELIMINARY NEARING.
or TIRE Stewart eoys-crsfged Win
Killing Dr. Graham.


The commissioner court was
Jyercrovded this afternoon by spec
tators. who gathered TO listen 20 the
examining trial cf Cat and Ben stew.
art. chsrgef ,oinilt with the murder
of Dr. Graham. a physician Of the
Holder district
Commissibuer RobneUt. seeing the
commissioners room was too small TO
accommodate the crowd Of SPECTATOR
adjourned court. aId then called It ~
order in the di5u!ct court room.
Court was called to order promptly
az two o'clock and the accused waived
arraignment and pleaded not guilty.
The government witnesses were
sworn and the FIRST witness placed on
the stand. This witness was Dr. Ken.
nedy of Holder. who assisted in eX.
aminlng the body Of Graham immedi-
ately after the shooting occurred.
There we're forty.hve government wit.
nesses sworn In. The witnesses for the
defense have not yet been sworn In.
There will probably be- about eighteen.
however. The government is being
represented In the case by Assistant
District Attorney J. r. Humphreys.
and n. H. Brown Of this city. Alexan.
der Gullett of Tlshomlngo. District
Attorney Hamilton OF Chickasha and
Attorney Montgomery OF Marietta
The defense Is represented by Pot
ter, Bowman q Potter. W B. John.
son, A. G. Cruce. Stillwell n Russell
and J G.. Graham. Among these law
yers there Is Eoire OF tho strongest
legal talent In the south and the case
will be. N the defendants are blun1
over one Of the hardest fought legal
battles which has been tried In the
Southern district for years. The case
has attracted widespread attention. as
the defendants are prominent men who
have lived In this country practically
all their lives and have a good record.
Dr.. Graham was also well known
man IN his district
The taking Of evidence In the case
will probably consume week or
more. Before II Is finished there will
probably be more than sixty witnesses
examined.
The history Of the case as it has
been given ont from hcrcsay. Is To the
effect that ON the evening at IN, sixth
Of June. Ben Stewart and DR.. Graham
became involved In a difficulty over
some matter which could not be- as.
ccrtainod and that during the fight
both men drew the'r pistols and when
within few feet OF each other fired
neither bullet taking effect Il H. said
they ran together and clonchcd. a
brother Of Ben Stewart seeing the
iug the shots, seized a shotgun from
a blacksmith shop and cmpticd the
contents into DR. Graham's shoulder
from which effects the doctor fell
Ben Stewart was uniniured. II was al.
so alleged that the doctor Nas shot
twice. one bullet lodging In the alb.
domcn. These reports we're learned
at the time Of the shooting. The tos.
timony In the case when given In. will
bring out the truth OF the matter.
Both the defense and the prosecu.
tion have been very dilligent In gath
ering evidence In the case. as Is shown
by the number Of witnesses who have
been summoned To testify.
Prominent men from over the terri
tory. friends Of the Stcwarts were In
attendance at the court house this az.
ternoon.
The defendants have been ont un.
der bond OF $4,000 each since the
the killing occurred.
The case will be tried In the com.
mlssloners court from day TO day until
all the evidence Is taken. to show as
to whether there was any probable
cause Tor the killing. II will he fol.
lowed with interest by many.