The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-09-25
CAL STEWART
WAS ACQUITTED
JURY REQUIRED ONLY SIX MIN.
UTES TO ARRIVE AT NOT
GUILTY VERDICT.
SUICIDE WAS PROVEN
Love County Man Tried On Charge Of
Numbering Wife xOnerated-Daugh-
ters Testimony Substantiated Defense
Claim Woman Killed Herself.

Not guilty" was the verdict In tn,
Cal Stewart case, rendered within siN
minutes after being submitted to tn,
jury last night about 8 O'clock without
argument on the part Of the attorneys
The only witness at the night session
of the court was Edna, the twelve.year
ola daughter Of Stewart She was an
eye witness to the tragedy, in which she
said her mother had shot herself witt
Stewards pistol, which she had taker
from his Overcoat pocket hanging az the
head Of the bed.
Daughters Story
Her testimony in substance. was as
follows
Il am twelve yee old; Cal Stewart Is
my father | b q We brothers and
sisters. remem V day mamma
died. 1t was Decem. papa got up
first that morning ana ". a fire and
then went back to bed; got up
to cook breakfast was a. r. and
then went TO dress the children -. IA
did not finish breakfast, but lay
across the bed, saying that she
badly. She later got up and fell on /.
kitchen floor papa picked her up and
held her in his lap.
Papa got up and finished getting
the breakfast and / assisted him. Nam.
ma ate a little breakfast with us: my
eldest brother helped me clean up the
house, mamma was sitting in tbs
house papa swept up the house and
wiped the dishes
Mamma went to bring In water dur
ing the morning and fell, hurting her
head. Papa and went to her and he
took her in his lap and 1 carried warm
water 10 bathe the wound. She sat i'm
the house after that and said little,
Papa went, in the afternoon, 20 where
some Mexicans we're getting wood for
the oil well; they had sent after him
He returned a little after dark.
In the afternoon. while papa was
away, mamma said the Lords prayer
and said that she would meet us chill.
dren in heaven, as she was going TO
leave us that night She said that she
wanted TO be buried by granny and
TO put papa's blue necktie on her.
I'VE had cold supper and after bro
ther and / cleaned up the things. We
an sat in the family room. Papa was
doing i'm % chair. mamma was sitting
quietly, nursing the baby Two OF the
smaller children had gone TO bed. !
was combing my hair, getting ready for
bed. when mamma went 10 the head of
the bed and got papas pistol out of his
overcoat pocket saw her as she
changed 10 from one hand to the other,
and l-cried out: Papa, papa, mamma
has your pistol
Papa was a little time In waking and
then jumped up and followed me as
/ ran after mamma. She went 20 the
south room and as we entered there she
fired the pistol and fcll ON the bed.
"a lighted lamp was in the hall and
we could see 10y IL that mamma lay on
the bed She had the baby In her arms
and IL was screaming Papa took the
baby and went 10 the light 10 see n it
was hurt ! found the pistol ON the
bed and went and hid H. The bed was
turned down and papa put the covers
partly over mamma.
I'VE had kept the pistol hid from
mamma that day as We were afraid
she would kin herself She was acting
strangely, as she often did.
AS soon as papa could catch horse
he went 20 the OH we'll after help We
children remained there alone"
The witness related who arrived Her
whole testimony was straightforward
and connected.
Unshaken by Cross-EXamination.
In cross.examination by the prosecu.
ton she held 20 the same connected
story and was quite self.possessed Tor
her age. She only lost control OF her.
self once, when she was relating the
occurrence OF her mother shooting her.
self She saw that he father was cry.
and her voice faltered a little, although
she soon regained her composure and
completed her evidence
After Edna had finished her evidence
the defense rested. County Attorney
wilkins OF Love county then waived
and Judge Freeman read his instruc
tions TO the jury. which were brief and
to the point There was no change In
instructions asked for by the lawyers
on either side
The case then went 10 the jury with
out argument and a verdict was return
ed as soon as II could be prepared
acquitting the defendant.
Several women attended the trial dur
ing the day and much larger number
was there during the night session OF
court.
-Four OF the Stewart children wcr,
sitting around him and In his lap ot th,
close Of the trial.
The testimony Of other witnesses de
tailed the peculiar actions Of Mrs. stew
art, substantiating the claim that sh,
was OF unsound mind at certain periods
and at no time was she like she had
formerly been.
other witnesses told OF the Incident,
prior to the death OF Mrs. Stewart ant
subsequent TO H. However. none oI
this evidence bore directly on the oc
eurrence