The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-10-08
Trial Of Alleged Assailant Of Sheriff
is Concluded; Venable Sums Up
Evidence and Further Ar
gument is Waived
MOTION TO QUASH
PANEL Is DENIED
Irregularities in Drawing Jurors
Alleged by Attorneys but Court
Holds Law is Substantially
Carried Out

In the case of the State OF Okla
homa VS.. Fender Polk in the district
court the jury was called. empannellec
and sworn shortly after 1 o'clock yes
terday afternoon,
The following men compose The
jury: J. w. Mounds, c. +. Hill, John
L. Smith, Everett Durnell. J. F. Bishop
Walter Rice, f. w. Cook. J. d. Lind
say. G. w. Burton. J. A. Mosley, j. w.
Marshall, A. L. Anderson
The state in making the statement
Of the prosecution set forth the eyi-
dence which would be introduced in
substantiation Of those claims The
preliminary statement for the defense
consisted Of a general denial.
The state charged the defendant
with shooting at Hodge Bailey, sheriff
OF Grady county. shortly before noon
on the morning OF the seventeenth day
OF June, 1915. with murderous intent,
near the place OF business OF one Pow
ell on Second avenue. between Iowa
and Minnesota avenue. Immediately
after said Powell mad shot and killed
Dnde Stack.
Hodge Bailey was the first witness
called by the state He testified that
on the morning of the shooting he had
been called to the home of the man
Powell. who stated in the call ever the
phone that he was expecting trouble
in his place Bailey went to the resi-
dence Of Powell. about fifty feet from
the scene OF the shooting and con
cealed himself in room where he
could watch the street, While in the
room he saw. looking through a win
dow. the defendant and Dude Stack
pass along the street and cut "angling"
across toward Powell's place He had
told Powell that he did not think de-
fendant and Stack would start" any
think. When he saw defendant and
stack start across the street he came
out Of the house aud started towards
Poveli's The shooting commenced
and was over before he got there.
Powder smoke poured from the door
way. Defendant tried TO push out
through the screen. as did a number
OF others who were in powells place
when Powell killed Dude Stack. When
defendant showed the screen door open
Bailey saw him throw his hand with
dropping motion. heard the gun
crack. saw the smoke and heard the
bullet whizz as II passed his cheek,
but did not see the gun. Bailey then
drew his gun and fired at the defend
ant five times. Parties. started across
the street towards him and called him
not to shoot at defendant any more.
BAILEY dropped his gun on them and
told them. Don't come any further.
Then he fired one more shot at de-
fendant. Defendant turned his back to
Bailey and started off and Bailey
would not shoot at him any more be-
cause his back was turned.
Mrs. Powell, for the state, testified
in part. that she saw defendant shoot
at Pailey. that defendant said, There
comes another one Of them, and fired
that she saw the gun in defendants
hand: that the powder smoke from the
shots fired by Powell-the shots which
killed Stack. was pouring from the
room aud out through the door
Defendant, in his own behalf testi-
fled in part. that he did not shoot at
Sheriff Bailey: that he and Dude
Stack had not gone into Powells to
start ANYTHING; that they had gone
there to get a drink; that Powell shot
Dude Stack killing him instantly that
he shot him with forty-four; that rs
soon as the shooting commenced he
started to get away from there; that
pushed the screen door open with both
hands: that he did not hasa ! gun.
Three witnesses were examined IN
chief by the prosecution and six in re
buttal. Eight witnesses were exam
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