The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1911-04-29
Is YEARS
FOR WOODS d 5

Marmarth Man Found Guilty Of
Manslaughterin First Degree.
Jury Out 22 Hours. Trial :
at Hettinger.
At an early hour on the morning Of
April 22, the jury in the Denver Woods
case, after being out twenty-five hours,
brought in verdict Of guilty of man
slaughter in tue first degree.
Judge Nuchols passed sentence in the
afternoon and in accordance with the
recommendation of the jury made the
term thirteen years in the penitentiary.
Adelbert Stone Grove was shot and
killed by Denver Woods at the home of
Colby Lowe, thirty miles southwest of
Bowman, on September %, 1910, the
shooting resulting from a dispute over
the ownership of a horse. Denver
Woods admitted the shooting claiming
self defense. Laben Wood, brother Of
Denver, and Fred Hickey and Henry
Mills, who. accompanied Denver Woods
to the Lowe home and who were present
when the shooting occurred, were subse-
quently arrested. Mills and Hickey
were released on bail and Denver and
Laben Woods have since been confined
in the Bowman county jail. The Woods
boys had their cases transferred from
Bowman to Adams county for trial at
the term which opened at: Hetlinger on
Aprit 4, 1911. II
Bowman county employed w. E. Pur-
cell Of Wahpeton, former U. S. senator
for North Dakota, and Attorney Zuger of
Valley City to assist States Attorney
Totten with the prosecution.
Woods had Henry Frawley Of Dead
wood. T. r.. Mockler of Bismarck, P. D.
!. Norton, secretary of State and c. o.
Illness Of Marmarth, to defend him.
According to the Adams County
Record, which paper issued an extra on
the return, Of the verdict, Attorney
Ftawley made brilliant defense. but
Senator Purcell was Just as good and
had the closing argument
Woods was quiet throughout the trial.
His mother and sister were constantly
by his side. \ ::-s'7t n. ...sssS5
Y Another pathetic scene in court was
the constant appearance of Mrs. Lowe,
Hazel and Jessie. daughters of the
deceased. Adelbert Stone Grove.
FROM the Record, published at Hettin-
ger, is taken the main evidence which
runs as follows:
The first witness to be called by the
state was Mrs. Colby Lowe, daughter
of Grove. The substance of Mrs. loves
testimony was that Denver and Laben
Woods and Fred Hickey had come 10
the Lowe home on September 20 and
that Laben Woods claimed that one of
the horses in loves bunch belonged to
him. They wanted to take the horse
but Mr.. Lowe being absent at the time.
his father-in-law, Grove. finally pre-
vailed upon them to leave the horse
until Lowe should return. On Septem-
Der 23- between Eve and six O'Clock in
the evening that Eve men rode into
the barnyard. Fred Hickey. Henry Mills.
John Woods, Laben Woods and Denver
Woods. Lowe had returned home in the
meantime. Grove walked out to hay
stack near the barn where he. leaned on
a pitch fork and Lowe went to the barn.
5Laben Woods went into the barn where
the horse Of disputed ownership was
tied Lowe shut the barn door on Laben
Z Woods and turned the button to hold it
shut also leaning against it Woods
( kicked the door few times and it be-
gan to break. Grove started from the
haystack towards the door apparently to
. help Lowe to hold it shut. Crowe's
daughters, Hazel and Jessie, came out
Of the house at that time Hazel shout
ed to her father that Denver Woods was
going to shoot him. Grove turned and
I was shot falling to the ground ard dying
almost instantly. She also testified
that Grove was fifteen Or twenty feet
from Woods at the time the shot was
fired. Laben Woods then came out Of
the barn leading the horse and Denver.
Laben and John Woods and Fred Hickey
and Henry Mills rode away taking the
horse with them.
Colby Lowe. Hazel Grove and Jessie
Grove followed Mrs. Lowe on the stand.
Their testimony was practically q repi-
stition Of the story told on the witness
stand by Mfs. Lowe.
John E. Nelson was called BY the
/ stats and testid ided that he had come ont
aof the Lowe house at the time Of the
shooting that be saw The. shot fired.
The testimony he added % that already
! Ives that Lowe startled toward Grove and
had been shot and that Woods had
I pointed q GUN at him and told him sto