The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-07-27
10 Application for Bail Slayer Of
Chitwood Claims Self Defense
and Accident in Justi-
fication
DRINK PLAYS PART
In TRAGEDY, He SAYS
Defendant Tells Story Of Events
Leading Up to Killing; Other
Testimony Offered by
the State

Hugh Pope, bound over 10 the action
OF the district court on the charge OF
murder yesterday by Justice T. P.
Moore, win plead self defense and
that the shot which killed Marvin
Chitwood at Minco last Friday morn
ing was fired by accident. This was
made plain in an affidavit Pope has
prepared to present to the court In
his application for bail. which. he says.
he can furnish in a reasonable sum.
The affidavit. prepared this morn
ing. In the first intimation from the
defendant as TO what explanation he
will make OF the tragedy. II recounts
the deeds OF the evening before the
killing and tells of the killing itself,
for which Pope lays the blame upon
Mr.. Chitaood. declaring that no harm
would have resulted had the father Of
the boys not grasped Pope around the
arms. He claims that the shot that
killed Marvin Chitwood was acciden-
tai, that he did not see either of the
boys after he was clinched by Mr.
Chitwood. and that he did not know
he had shot the boy when he left the
barber shop for DR.. Humes office. He
also declared that all the boys were
drinking and part of them we're intoN-
icated
In his statement Pope says he is 20
years of age and married. According
to his story, sworn to before notary
public this morning. he declared that
he. the two chltwood boys. John and
Leo Rice. Jim Dunaway. another man
whom he did not know and George
Cook were In the pressing shop adj
joining the chitwood barber shop at
about . or 10 o'clock. and that they
stayed there about two hours.
Most all cs the boys were drinking.
he said, including both the chitwood
boys. and part of them were intoxicat'
ed. I'VE ali went out of the shop to-
gether." the affidavit says, land ] be-
gan to play with Marvin Chitwood.
was not angry. He struck me time
or two then we clinched. He got up
and ran down the street
Jim Dunaway and ! then walked
down the street to the First National
bank corner. where the two Chitwood
boys we're standing" Pope declares
that Merrill Chitwood said something
to him about jumping on his brother.
then hit him in the mouth. knocking
him into the street and following him
up getting on him after he was down.
After Merrill Chitwood let him up.
Pope says that he and George Cook
walked up to the Walden hotel. From
here, Pope went to Mr. Chitwood's
house, told Mr.. chitwood that he had
two boys down town who were not in
condition to take care OF themselves
as they were drinking. and Mr.. Chit
wood had better go down and take
care of them as they were liable to
get hurt.
"I told him., the statement says,
that wanted to go back there and
get my hat. He said he would go down
to the shop"
Pope then explains why he went
back to the barber shop just before
the killing. why he entered the shop
and how the Chitwood boy was killed
He declares that he went on back to
the shop after his hat, found 1t, saw
the shop door open with a dim light
and the men in there, so went in to
explain to Mr.. Chitwood how the trou-
Bile came up. One Of the boys start
ed around chair between me and the
two DOORS" he says. Il backed up and
told him to stop. thought he was
going after razor and got out my gur
to defend myself.
At this instant, according to the
statement. Mr.. Chitwood grasped the
defendant around the arms just above
the ,bows and showed him back to
ward the door MY head" he saws
was pressed tightly against the rien
shoulder of Mr. Chitwood. He showed