The Glenwood post., 1906-08-25
DUFF PLACED
UNDER BONDS
Bail fixed at $1,000 and the De-
fenddnf Must Appear Before
the November Term of
the District Court
DEFENDANTS PLEA, SELF DEFENSE


Hedden Wednesday of James Duff for
the shooting of Otto York on August
10. brought few new Developments in
the story Of how the affair occurred.
In fact the story as told in the Pest
last Saturday was practically correct.
However. few details of the trou-
BILE which it was impossible to get last
week came out in the testimony Of
Mr.. Duff, who told the story Of the
shooting in straightforward and con-
vincing manner, and there was hard
ly person among the fifty spectators
in the court room but what was in
clined to believe that Mr.. Duff had
been the victim of unwise Judgment
and had no idea of shooting Mr..
York until forced to do so. He sim
ply placed himself in position where
he had to kill or be killed and this only
question, as Judge Hedden says is
whether MIR. Duff was within the pale
OF the law when he returned to the
scene Of the trouble after Mrs. York
was safe from harm.
Mr.. Duff told the following story
on the witness stand:
~ had been sitting on my porch
at my home and had just gone into
the house, when the servant girl of
Alfred Schwinck came running out
the back door of Mr.. Schwinck's home
screaming that Mr.. York was murder
ing his wife. ian to the back of the
York home but found the door locked
so ran on around the house. found
that Mrs. York had gotten out of the
house and into the road whore York
had overtaken her and had the woman
down beating her with his fists. The
woman's little boy was beating York
with rocks and two men we're standing
near but neither of them offered to
assist the woman.
Mrs. York was screaming for help
SO 1 ran out to try and pull Mr.. York
away from his wife. One of the men
tried to prevent me interfering but
partly succeeded and the frightened
woman sprang to her feet and ran
toward the home of Mr.. Schwinck.
York struck me in the chest and
broke away from me and ran after his
wife, who in attempting to climb up
the steps of the Schwinck home. STUN
bled and iell York grabbed her by
the foot but Mr.. Schwinck, who had
oku Tod 30 20 fha OF
ance, fred his pistol in the air to at
tract the attention of the police, and
York released his hold long enough to
enable his wife to again get away
from him and into the house.
"By this time, York, who was bad
ly intoxicated, had become thoroughly
frenzied with rage and struck at Mr..
Schwinck. that gentleman catching
the heavy blow on the arm. Mr..
Schwinck, using the gun as club 1t
having become locked, struck York on
the head. York backed down off the
steps and seeing me near hurled me
against the house saying he would kill
me. He tnen went into his own home
and began breaking up the furniture.
went to my house where l found
Mrs. York and her Son locked in the
kitchen, she having ran on through the
home of Schwinck and came to my
house thinking she would be safer.
~ got my revolver and went out in
front and met Mr.. York as he was
coming out OF his home. ordered
him off the premises and he began
cursing and throwing rocks at me.
was little excited and did not
know just what to do, hut concluded
it would be best to follow the man
down town where I could have him
arrested had six cartridges in the
revolver 80 fred three shots into the
air to attract the attention of the
police whom l felt sure would soon
come to my assistance. I followed
along behind York for about hun
dred yards when he suddenly turned.
hit me over the head with rock and
clinched with me. he grabbed the
gun and in the struggle over Its pos
session the three remaining loads were
discharged. At 6rst did not know
he was wounded as We both fell to the
ground just as he jerked the gun from
my hands. still struggled for the
revolver. not realizing the shells had
all been fred, and succeeded in re-
gaining possession Of it. I then got
to my feet Just a. several men came
running to my assistance. When
asked who shot him said I guessed