The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-07-13
Defendant 10 Charged with Firing
Shots at Sheriff at Time
Of Recent Killing Of
Dude Stack
BAILEY CALLED AS
FIRST WITNESS
Many Witnesses are Examined and
Testimony is Conflicting; States
Case is Concluded Before
Noon Recess

Fender Polk was bound over 10 the
action OF the district court on the
charge OF assault with attempt TO kill
Sheriff Hodge Bailey at 2;15 today,
following a preliminary hearing before
Justice T p. Moore Polk immedi-
ately made bond for $1,000 and was re-
leased from the custody of the Off
GERS
The trial was the sequel to the kill
ing OF Dude Stack by Albert Powell on
South Second street last month Polk
was with Stack when the killing took
place.
Testimony of witnesses for the
state and for the defense was directly
conflicting. A sensation was promised
when one witness for the state testi-
fled that he had been threatened by
the defendant If he testified against
him. Another state witness admitted
stating to the county attorney that he
was afraid to give evidence In the
case.
Sheriff on Sand.
Sheriff Bailey, first or the stand,
re-told the story of how he was called
70 the Powell place by impending trou-
BILE, how he saw Dude Stack and
Fender Polk. the defendant. walking
down the street together. then enter
Powell's restaurant Shots immed'-
atley followed. according to Mr.. Bal
ley, and when he was half way from
Powell's residence to his restaurant,
Polk opened the screen door in front
of Stacks body and fired shot at the
sheriff, who Immediately returned the
fire, discharging six shots at Polk.
who "sidled" around the porch. walked
around house near by, then came out
on the other side and walked rapidly
down the sidewalk. He stated defi-
nitely that he saw Polk's arm and
face, though he did Est see the gun.
He saw the smoke as the gu was dis
charged. The sheriff was not iaore
than fifty or sixty feet from the Powell
restaurant at this time. and he heard
the bullet whizz past his face.
Regarding the past record Of Polk.
the defendant. Mr.. Bailey testified that
his officers had raided Folks restau-
rant many times in search for liquor.
Polk and Powell are competing rest
aurant keepers, their places being
only few doors apart. The witness
declared that he believed the defend
ant was drunk when he entered Pow
ellis restaurant with Stack. who was
killed by Powell. Polk wabbled off
as il he were under the influence of
liquor" he testified. "and when ! saw
him some time later he was very
drunk"
Bass Testifies.
Fred Bass. second witness for the
state, followed Mr.. Bailey. He con-
tributed the first bit of sensation BIZ
declaring that Polk had approached
him a week ago and threatened to
send Bass to the penitentiary unless
he gave different evidence from that
given in Powell's preliminary. "He
told me-" Bass said, when j informed
him that my evidence would be just
the same that ! had better use my
own Judgment 4" Bass presented
some of the most damaging evidence
OF the day against Pope when he de
clared that he saw the defendant kick
the gun from the hand of Dude Stack
as he iay On The floor riddled Will
bullets,, fsiifi ahat he thought Polk pick
ed it up. though he was not positive o
this
He did not see Polk shoot at th'
approaching sheriff. but he heard th'
reports of the guns, first that of
small one, then half dozen or 81
from a large one. Polk is alleged t
have had a small automatic. Sheriff
Bailey. who fired six shots at Poll
had heavy gun.
croweII Is Witness.
Bass was followed on the stand b
George Croweii. negro. who was ds
pended upon by Attorneys simpso
and venable for the prosecution I