The herald-advance. (Milbank, S.D.) 1890-1922, 1910-04-01
SLAYER OF MiullONAlRE'S SON
SAYS MCKENZIE DREW
GUN FIRST
PLEA OF COWBOY STEVENS
Weatherworn From Years Of Strenu-
Gus Plains Life, Penniless and
Deaf, Stevens Faces
Ordeal Of Trial

Selby-Weatherworn and bent with
sixty years of life in the cate CO n
try. penniless. almost entirely d. az,
with few friends and no relatives to
come to his aid Bud" Stevens, for
mer cowboy and bartender, is on trial
for his life before Judge J. II. Eot-
tum, charged with the murder of la
vid F. Mckenzie, known among the
people of the west by the name OF
''Dode' Mckenzie. the s)n of M rdo
Mckenzie, of Trinidad, Col, a million
aire cattle king of not only Canada,
the United States, but of Mexico as
well.
The crime with which Stevens is
charged was committed in Phil Du
Fran's saloon at lie Beau, in the fore
noon of Dec. 1909, where Stevens was
working as bartender,
DR.. Olson of lie Beau testified as to
the nature of the wounds. He was fol
lowed by Walter Mcdonald, Jack Will
son. Billy Quinn. and Ambrose Ben
way all Of whom were at the time OF
The shooting in the employ of the Ma
tadOr Cattle company, one of Murdo
Mckenzie's numerous ranches. The
murdered man was foreman of the
ranch and vas in town having a
time
When it came to details. thewit-
nesses contradicted each other on
many points. The defense showed, en-
cross-eXamination by these witnesses.
that Mckenzie had had some trouble
with Stevens earlier in the morning,
and that they all went to Nolans
harware store and stod out in front
while "Dode' went inside. and on his
temperance they imediatelv started
over to De Fran's saloon, headed Ey
"Dode:" The defense was also able
to show by Jack Wilson that he was
making for the door when Stevens
shot. which, undoubtedly. the defense
will make use of in showing that
"Dode" took his cowboys over to Du
Francs place with the intent of max
ing trouble. and Wilson, knowing
what was going on, got cold feet
and was making for the door.
The state also called Tom NcGui-
gen and Leo Gregory. who were eye
witnesses. The defense. on croSs-ax-
animation vas able by these witness
es to show that not one of the former
witnesses or themselves were in a 70
eition to be real y witnesses 20 al
the shooting. Not only firm their
position, but from the fact that there
was a decided exodus towards the
door after the first shot.
All the witnesses for the state tes-
tilted that Stevens was the aggessrr.
as he was at the rear of the har WHEN
Dode and his men entered. As Nc
kenzie went forward he said: Il
don't want to have any trouble with
YOU "whereupon Stevens. with an
oath, drew a Il from under the bar
and shot three times, Mckenzie get
ting as far as the sidewalk, where he
fell on his face dead.
The state, as a motive for the crime,
p~ndeavored to prove that there had
been a feud between the men. dating
back to about five years ago when
"Dode' discharged Stevens from a Oh
as a COWBOY on the Matador ranrh:
also that the old man was cuorrsl-
some and. on account of his deafness.
bellved the cowboys wee taking ad-
vantage of him and making HIN a
butt of their jokes.
The defense will also try TO show
that Mckenzie went into the saloon
with the intention of shooting
Stevens or making him dance" It
will also try to show that Mckenzie
began to abuse Stevens and pu'le1 OFT
a revolver and pointed it towards
Stevens. The state rested it's case yes
terday afternoon.
Much sympathy is felt for the de-
PENDANT ercent among the c0wbovs. !.
With them Mckenzie was alwovs a.
good fellow. seldom II relsCme ard
whatever he had was his fri nds' if
hey were in need. In fact. he VS. a
lyrical cowboy Of the old sch~ol.
which is fast becoming e'ti0ct.
jim Burns. present foreman O. the
Natador Cattle COMPANY. is here a.
the prosecution in every os j.
HE way. and is undo,btedI; re re-
"~ent'ns Mrrdo Mckenzie pc, sona:lv,
"ho is now in Scotland.
TIE e1ate is confident O. a verdict
If murder in the fr~t degree. While
he defense is equally certain of an
H"~N'tt3l. or at most = light s nterca.
Tf" defense has rrosnn+ed sove tom
"'resses. and has practically all is
""timony in.
stevens. the defan'aNt. wa enc OF
70 'nst to he Dnt en- the sand o-d,
"'"lfhStan''Ng a gr @ Ing croes- K
y lnatlon. his story did not way.
|Ae old man gave his version in a
ct Nn!mpaeionod wy. and tod OF
8 great liking for Mckenzie and the
friendship that lad eyis+ed be We
rem FOR years. The shooting. he a d.
vas done only when he believe1 it VS.
necessary to preserve his ON lie,
md he testified positively to Mckenzie
his gun first.