Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1913-07-01

Making good on various tnreats
which he is saidtohave uttered, Louis
w. Davis, recently an inmate of the
Oregon State Insane asylum shot
and instantly killed Mrs. Eliza ).
Stewart at her home in Ballston,
shortly before z O'Clock on Monday
morning, and dangerously wounded
Ben Agee a resident of that place.
.G. M. Stewart, husband of the dead
woman, and father of Davis wife,
gappled with the murderer and held
him until help arrived, and he was
later turned over to Sheriff Grant
and now occupies a cell in the city
jail, awaiting the action OF the Polk
county grand jury at the next term
of the circuit court which opens on
Monday, August 4, in this city
Davis was committed to the asylum
May 4, 1912 and dismissed as cured
in October of last year.
Story Of the Shooting.
Louis w. Davis was first seen IN
Balston, on the occasion OF his last
visit, on Sunday night, and 1t Is sad
that he spent the night in an old
barn or hovel in that place. About
6 o'clock Monday morning he ap-
peared at the Stewart home which is
located in the outskirts of the place,
on the Ballston-McMinnville road.
His wife, from whom he was sepa-
rated, and who is daughter OF the
Stewart s, was living with her par
ents, and Davis says he called there
to see her and to endeavor to effect
reconciliation. He met her III the
ward outside the house and followed
her to the back door. Here he en-
countered her father, g. M. Stewart,
who ordered him to keep away from
the house and not to enter. Unheed-
ing this command, Davis entered the
kitchen, following his wife. AT that
time Mrs. Stewart, mother OF MRS.
Davis was also in the kitchen
Thinking to secure assistance, Stew
art left the house and went to the
home of Ben Agee, a neighbor, and
the two men returned to the house
entering by the front door. They
passed through the front room and
the dining room and into the kitchen
where Mrs. Stewart and her daugh-
ter were pleading with the enraged
man to put away his gun which he
had carried in his hand since ap-
preaching the house.
Mrs. Stewart is Killed.
The moment that Agee, followed
by Stewart, entered the kitchen, Da-
Wis who stood nearly opposite with
his back to the wall, raised his re-
volver and began shooting at Agee.
The latter did not falter, however,
but rushed toward his assailant
closely followed by Stewart. The
testimony of witnesses at the inquest
indicated that Davis shot at least
four times at Agee during the time
that he was crossing the floor and,
even then he turned the gun upon
Mrs. Stewart and fired one shot at
her which took effect in her right
cheek the bullet ranging upward INTO
her brain. She dropped to the floor,
instantly killed. Stewart by this
time had reached Davis who was
struggling with Agee and, using the
revolver which he had carried since
the row first started, struck him over
the head inhhting a painful wound
and LAYING the scalp open for some
inches. By this time help had arrv-
ed and the murderer was quickly
disarmed and taken to a store uT
town where he was securely tied and
information of the affair telephoned
to Dallas. ..
In response to the summons Sheriff
John NJ. Grant. Coroner r. l.. Chap
man. District Attorney ID. ii. UpJohn
DEPUTY Sheriff Henry Savery, DIR. A
IB. Starbuek and an Observer repre-
sentative left by automobile fol
Ballston where an inquest was held
al the Stewart dwelling under the d.
rection of Coroner Chapman, and
with a jury composed Of George II
Ball. VIM. Fudge. Herbert Poynter
Henry Butler. William Carroll anC
u \. F. Barnett heard the testimony o.
/ witnesses examined by District At
torney Upiohn- Following this th'
jury brought in a verdict to the effee
that Eliza J. Stewart came to he
death a. the result Of a gunsho
wound inflicted by Louis W. Davis.
Bound Over 70 Grand jury.
Davis was arraigned before Justie
Hardy Holman at clock yesterdal
afternoon charged with murder II
the frst degree and waived prelImin
l.