Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1907-10-29
PRESS SUMMERS
IS NOT GUILTY
NEGRO CHARGED WITH MUIR.
DER IN FIRST DEGREE IS
ACQUITTED.

The jury in the case of Press Sum
mers charged with murder, after re.
naming out FIVE hours Saturday
brought in verdict Of not guilty
and the slayer of Red Dougherty
walked out Of the court room free
man. Upon the announcement Of the
verdict, Judge Cheadle addressed a
few remarks to the defendant by way
Of advice
The court will give you a word
OF advice, Summers, said the Judge
ou have got away with this kill
lng-don't try another. This is a
thing. you cannot get away from ev-
cry time. If your story is true, then,
after the deceased had fired shot at
you, two shots were fired by YOU
with fatal effect, and you must be an
expert with the gun. In fact, a man
as expert as you are dangerous. 1t
may be that your story is true. That
testimony was very contradictory
'e'c court warns you in future to be
very careful"
The time consumed in the actual
trial OF the Summers case was re-
markably short. The jury was Sc
cured in about an hour and quarter
Wednesday morning, the twelve men
chosen being M. G. Wright, J. S.
Hovis, Walter Downing, J. 0. Gil
kerson, Andrew Lish, Sam Holland,
Phil A. Chase, Frank Stokes, J. E.
Love, R. S. Baker, c.. H. .Longman,
Vaclav Hruska
The taking of testimony went over
until Thursday and was completed in
less than dav. 1t was substantially
the same as given at the preliminary,
and showed that Dougherty, who be-
longed at an adjoining camp, went
over to camp 10 on September 8, full
OF bad whiskey and determined to
run the place. Immediately after his
arrival he started in making gun
plays, walking two white men about
at the point of his revolver and then
lndulglng in some promiscious shoot
ing. He soon came in contact with
Summers and made threats to kill the
defendant, throwing his gun on him
and indulging in vile language. Sum-
mers ran off, but fearing trouble, went
to the bull pen and secured gun.
Ahe defendant is not "gun man" at
all, nor does he carry a weapon, but
on this occasion he felt the need Of
some protection. According to his
own story, as he came out of the bull
pen, he ran onto the wagon in which
Doughertv. drunken than ever and
with the loaded revolver in his hand,
was sitting. Summers says the de-
ceased Immediately covered him and
fired shot, when the defendant fired
twice, killino "Red" almost instantly
Summers was the only witness to
testify that Red" actually fired on
him at that particular time, but there
was no dispute as to Dougherty's
previous performances with the
weapon, nor his threats to kill Sum-
mers. Mr.. Ayers, in his argument,
frankly admitted that if Summers had
killed the deceased short time be-
fore, when Dougherty was chasing
him about with gun, he would have
been turned loose, but contended that
at the time of the killing, there was
no sufficient justification for it.
The jury went out at noon and re-
turned at 5 o'clock with verdict
The defense in this case was bril-
liantly developed by ]. c. Huntoon,
who appeared as Summers attorney
under appointment of the court Mr.
Huntoon had about the most ir-
responsible lot of witnesses to deal
with that ever testified in murder
case here, all of them being colored,
but he brought out the facts 1t hap
pened to be his thirteenth murder
case and closed on Friday, and Mr..
Huntoon is inclined to think that was
lucky combination for him.