The herald-advance. (Milbank, S.D.) 1890-1922, 1909-12-17

He had been suffering from a severe
cold that settled on his lungs, during
that time.
Chas. Radford testified that after
the nights entertainment on Sept.
6, after which followed the shooting,
he arrived at the Hurd home with
Mrs. Brady, a half sister of Hurd's,
before Eugene and Ella Hurd got
home. He left Mrs. Brady and had
started back down to where he met
the others but was induced to 60 back
with them in order to walk home with
Eugene.
He had paced up and down the road
in front of the Hurd home for several
minutes waiting for his brother to
join him, when he saw two men loom
up through the fog. Both carried
clubs. One of them, which later prov
ed to be Hurd ran up OF him with a
club appraised.
"He came SO near" said Chas, Rad
ford, that I could feel his breath in
my face. AS soon as he got a good
look at me he turned and ran towards
the house."
The light was streaming out of the
side door and Chas. Radford saw his
brother come out Of the door. The
shadow then enveloped him.
Just then he heard Eugene cry out:
Help, Charlie, they're killing me-"
Pulling his revolver from his pocket
he ran across the grass and as he
drew near, saw two men standing over
Eugene with clubs appraised.
Hurd, hearing the others steps,
whirled around and lifting his club
h;rha. ;,p,raI OF paIfnrA Tho lat
ter aimed his pistol at him and yelled,
"stop."
FIRED FIRST SHOT.
"Hurd kept on coming, however"
the air to let him see it was loaded.
1T didn't seem to make any differ
ence to him for he kept on and We
clinched. We wrestled for some time
standing on our feet, I clubbing him
in the meantime with the butt of my
revolver.
Il was no match for him in strength
and he soon got me- down, choking me.
I thought he was trying to kill me and
I fought for my life.
81 beat him over the head with my
revolver until he had to get up. He
had dropped his club during our fight
and the first thing he did was to pick
that up.
Il could hardly breathe as I stag
gered to my feet and my heart was
beating so fast that l thought l was
going to suffocate. I saw him lift the
club again and believing the lives of
my brother and l were in peril, l fired
a second time.
KILLS RURD.
"He dropped back dead. Mrs. Hurd
then came running to me and plac-
ing her hand on my arm cried, 20,
you've killed my man."
The other man then said he would
have to call the police. l told him 1t
wouldn't be necessary for l would do
it myself.
Gene, my brother, could hardly
stand and his face was covered with
blood from the blows he had received
before l came up, so l supported him
down town. We met a policeman and
told him what had occurred and he
locked us up"
G. P. Bates, who is assisting States
Attorney Danforth in the prosecution,
cross examined Radford, but was I'M
able to make Radford change his story
In any important detail.
In the afternoon Charles Radford
was subjected to further cross-exam-
ination but came through it without
making any contradictory statements.
Other witnesses called were DR.. T..
J. Billion, w. R. Quincy, the boys
employer previous to the shooting,
and w. A. Bliss.
The state called v. B. Hoyt, and
his brother in rebuttal, to testify
where the cane had been found after
the shooting had occurred.
Mr.. Quincy in his testimony, told
OF the good moral character of Char
les Radford, and said that the boy
left his employ two days before he
had intended because he was suffer-
ing from a bad cold and rheumatism.
| He said it was Radford's intention to
go further west, file on some land
and return to work for him.
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