The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1919-03-21

Colonel nolan IN closing the argu-
ment for the defense defended DR.. Al.
ton and DR.. Pampel and their testi.
money in the case. "Why gentlemen
said he, "this wasn't our inquest, it
was the states inquest. We were
not invited to take part in the pro-
ceedings." He said that Drs. Alton
and Pampel had stood by the conclu-
slons reached at that time, but that
DR.. Leard had changed his mind be-
cause he had consulted some books
regarding the matter.
81 am always afraid" said he. "of
the man who changes his mind. Hhe
state would place a halo upon DR..
Leard's head because he changed his
mind and denounce DR.. Alton and DR..
Pampel because they express now the
same conclusion they expressed after
concluding the autopsy"
Had Harvey been insensible, either
standing or lying, said he, "and the
defendant Sw%indlehurst had then rain
ed blows upon him, the state would
have some ground for it's contention
that undue advantage had been taken
of Harvey. But he said that this had
not been the case, and that Swindle-
hurst had done his duty and exercised
his God give nright to protect himself
as best he could. Admitting that the
blows had caused the death of Harvey,
he said that there had been nothing
done by Swindlehurst which under the
laws of God or man he wasn't justi-
fled in doing, and that he had done
nothing more than any other mar
would have done.
Colonel Nolan declared that only
three blows had been struck, that they
were delivered in rapid succession, and
that had there been more of them they
would have left their mark.
He adverted to the quarrel between
Harvey and Swindlehurst, to their
arguments over the war and various
other things and said that apparently
they were so constituted mentally that
any question which arose provoked
argument between them.
awful" Says Nolan.
cts awful" said Colonel Nolan in
conclusion, "a calamity, an accident,
but your verdict will be a vindication
if you realize the responsibility rest
ing upon you.
Former Judge ]. F. OConnor, in
closing the arguments for the defense,
began by saying that this whole case
was one of the most pathetic which
had ever come within his experience
or under his observation.
He briefly sketched an outline Of
Mr.. Swindlehurst's career from the
time that he came to Montana as a
common laborer; followed him step
by step as he rose in life and asserted
that the greatest mark of Christianity
which any man could bear were the
marks of toll upon his hands, the re-
suits of his efforts to provide for
ibis wife and family.
els there anything" said he, Gin the
life of Joseph Swindlehurst that would
justify you in finding him guilty of
murder?"
He then spoke of the season of the
year when the tragedy occurred, just
at Christmas time; he sketched the
Preparations that had been made for
the celebration of the Yuletide in the
Swindlehurst home, and said that the
little Christmas tree which the family
had proposed to erect was lever taken
inside the house; that it had remained
upon the porch, because the husband
and father was in the county Jail.
"Now let US go back 16 or II years."
said Mr.. O'Connor. ave have a mar
coming here, a man whom we all low
ed and admired, who taught school.
He weighed about 200 pounds. He
was an athlete. Many a time l have
played ball with him and if he hadn't
taken on a preponderance of flesh
there might have been a different
story in this affair."" Several times
during his talk to the jury Mr.. O'Con-
nor said that had Mr.. Harvey been
in the physical condition in which he
was years ago, he would not have
been licked, when he and Swindle-
hurst met.
Tribute to the Dead.
Before proceeding further, Judge
O'Connor paid a fine and sincere trib,
ute to the memory of Mr.. Harvey
whom he claimed as a personal frienc
and he expressed his great sympathy
for the members of Mr.. Harvey's fam
lily.
"There is no man connected witt
this case" declared Mr.. O'Connor, an
t Guiding the defendant himself, wht
ever insinuates that Mr.. Harvey die
not do his duty by his country in thi!
\ war. He and Swindlehurst called eacl
other pro-German and pro-British an<
neither took offense at it, because
at the time it meant nothing"
He mentioned the fact as testified
L. % I - r.