The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-09-24
LOVE COUNTY MAN FACES JURY
HERE ON CHARGE OF MUIR
DERING HIS WIFE.
SUICIDE is DEFENSE
Defendants Counsel In Outlining Case
Of His Client, Asserts That Slain
Woman Died From Shot Fired BY
Her Own Hand.
THE JURY.

Joe Telford, Ardmore.
Lee l.. Gait, Ardmore
Il. j. Chancellor, Ardmore
Henry Thompson, East of City.
Van Strickland. Ardmore.
X. l.. Taylor, Lone Grove
j. w Murphy, Ardmore.
r. l.. Gideon, Baum
j. u. Stringer, Ardmore
Charles Grant. Ardmore
Thad Finley. Ardmore.
Fred Emerson, Ardmore
Thirty-six men were required to Sc.
cure the jury. Eight We're excused
for cause. The state excused nine and
the defense seven.
The trial Of Cal Stewart, Of Love
county, accused of numbering his wife
last December. which had been trans.
ferred to the Carter county district
court on cnange Of venue, was begun
before Judge w. f. Freeman this fore
noon. The jury was secured and open.
ing statements made prior to the noon
adjournment and the taking Of testi.
HlohS bebdH tlllh AFTERNOON
Prosecutions Statement.
County Attorney wilkins, Of Love
county, made the following statement
Of the case to The jury, in substance.
as follows
Mrs. Stewart was shot about 8 o'clock
Monday night, December II, 1916. at
the farIh home about ten miles east Of
M4riaf f.ts
aneous; she had her baby, Of only
few months, in her arms at the time.
The bullet entered her right breast and
came out under shoulder blade that
the bullet went through her body and
had not been found. but on the facing
Of a door In the hall connecting IL with
the rooms, a fresh imprint. as il bul.
let had passed there, was found at about
the height the ball entered her body
had she been standing Also, that a
spot was found on the han floor that
looked like blood. that the body Of de.
ceased was found ON the bed i'm the
south room while the family resided i'm
the north room. that the body was coy.
cred with bed clothing and the bed sat.
uated with blood
10 Is also claimed by the prosecution
that Stewart did not notify amy neigh.
bors of the death OF his wife until nearly
midnight although the deed was com.
mitted az about O'Clock that evening.
II Is claimed by the prosecution that
bruises were found on the body Of Mrs
Stewart. and cash on her head
The prosecution further asserts that
Stewart had been drinking heavily pre-
vious 20 the death OF his wife. that he
was i'm "a highly nervous state Of mind,
and that he and his wife did not get
along very pleasantly
The prosecution contends that Mrs.
stewart could not have taken her life
in the manner related by the defense.
Also. that there was no visible bullet
hole Ia her clothing, and that in addi.
tion 10 the usual wearing apparel. she
had on a sweater when her body was
found hy neighborS.
BefenSc'S Statement.
Attorney Graham made the opening
statement for the defendant and as he
did so. tears coursed down the checks
of Cal Stewart. Mr. Graham related
that the death occurred at about the
time stated and that the deed was com.
mitted by Mrs Stewart
lie said that the family was sitting in
the north room, and that Stewart was
doing in a chair The younger children
had retired. and the older girl was pre-.
pairing 20 do so. when Mrs. Stewart
arose with her baby In her arms and
went around her husband 10 his over.
coat hanging on the wall where she
secured his 32-calibre Smith a Wesson
pistol. The elder daughter seeing her
mother with the pistol cried out To her
father.
"oh. papa, papa, mamma has your
pistol"
That the father being aroused from
his slumber jumped up and rushed after
his wife. who had fed from the room
with the pistol He was preceded by
the older daughter. but before they
could reach her. Mrs. Stewart had fred
the fatal shot In the south room and
fell over on the bed, with the baby in
her arms.
Stewart Mr. Graham said. then pulled
the baby from the mothers arms. and
as It was screaming, he thought the
shot had hit IL. but upon examination
the infant was found uninjured
The body of the wife was then eX-
amincd and she was found to be- dead
The cover was then partly put over the
body.
II Is claimed hy the defense that MIR
Stewart then went to whore an oil well
was being drilled on his farm and noti.
fled the people there as soon as he could
get horse The first horse he se.
cured slipped the bride, and the SC.
ond he had 10 ride bareback, with a
rope halter,
The evidence win show, the defense
claims. that Stewart was weeping and
sobblng when he reached the people
at the well, and that he still showed
this emotion after his return, ana re.