The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-06-19
POLK PRINCIPAL
STATE WITNESS
Relates = Story Of the Tragedy That
Differs From That Told by
Anderson for the
Defense
3:45 p. M. Defendant is
discharged.

because OF the crowd that thronged
corridors and offices at the justice
court OF I. p. Moore this morning, the
preliminary nearing of Albert Powell
charged with the murder of Dude Stack
was transferred to the district court
room at the court house.
Some time before the defendant was
brought in by Sheriff Bailey, the room
was crowded almost to its capacity. al
most entirely with men. there being
but two or three women in attendance
Two brothers of the deceased occu.
pied positions on the front bench.
They had employed r. f. Riddle to as
sist in the prosecution of Powell
There was feeling of suppressed
excitement as IL tense nerves were
teIegraphing their presence around tine
room as the defendant. with his wife
clinging to his arm. walked up the
aisle and took his seat at the table
within the rail. Many officers were
present ranged around the wall, eu.
dence OF preparation for trouble. The
sheriff with deputies, several police.
men and 2 deputy United States mar.
shal we're located about the walls OF
the court room.
Rumors. possibly. were responsible
for the presence OF so many armed Of
ficers. Some talk of searching the
spectators and witnesses for firearms
was In evidence, but was dispensed
with when the case went to bat. Oscar
Simpson was retained for counsel for
the defendant
DIR. L. II. Emanuel, county physician,
was the first witness called by the
state. testifying as to his professional
examination of Dude Stacks body, the
location Of the wounds and the cause
of his death. which. he said. was from
gunshot wounds.
Fender Polk. the only other witness
used by the state In direct examina-
tion. told his story of the actual shoot
ing and the events Immediately pre-
ceding It.
He stated that on the morning Of the
shooting. about II or 1890 o'clock. he
was In fuckers place on South Sec
ond. Dude Stack and several others
were there. The witness said, Dude
Stack said, Come on boys. let's go over
to Bucks and get drink OF whisky.
! went with him. but the other boys
did not. Dude went into Bucks joint
Just ahead of me was at his right
side when we, got into the room. Dude
said. Give us two drinks OF whisky.
Buck was standing behind the bar. He
reached down under the bar, got a gun.
came around the bar and started shoot
ing. He never said no'hin'. He kept
shootin'. Dude threw up his arm and
said, oh don't do that He started
falling at the first shot. Buck kept on
shootin after Dude fell and ! heard the
sun snap once. About that time,
left
When asked as to whether or not
Stack had any firearms, Polk said
Dude had no firearms that saw"
well, II he had had gun in his
hand could You have seen it?' he was
asked.
81 reckon i could. The smoke ane
stuff was around in there and might
have prevented me from seem it,
Were You armed2"
mo, sir. never pack emp
what was done after Dude fellg'
81 didn't stay to see."
Continuing, the witness said, :
stepped out and went south aroun'
the corner OF building. heard SOM
shooting behind me and looked back
saw Hodge Bailey shooting, ] CUES
at me. Over on the porch | saw Bel
Tucker and some more fellows stand
ing"
The witness stated that when he an
Stack entered the place, he saw ma
sitting near the door with his hea
down and his eyes closed. evidentl
asleep. Another man, he said was, t