Great Falls daily tribune. [volume] (Great Falls, Mont.) 1895-1921, 1919-03-20
VERDICT BASED
ON EXCUSABLE
HOMICIDE LAW
Judge Taylor Told Jury
to Free If 1t Found Ac-
cused Used Fists in Rea-
sonable Defense.
State Insisted Harvey's S
Death Was Result of a
Cruel Beating; Doubt
Raised As to Cause.

Livingston. March ia verdict OF
not guilty was returned at 9:25 tonight
by the jury in the case of Joseph f.
Swindlehurst. whose trial on charge
of murder for the death. of Attorney
Oliver NJ. Harvey has proved one OF
the most sensational in the history OF
Montana.
The case went to the jury at 5:oj
this afternoon. after six hours of arg,l-
ment AT O'Clock the sheriff was noti-
fled It was ready to report, and %
minutes later Foreman Al Zevals pre-
sented the verdict to Judge Charles l..
Taylor, of Billings.
Only about fifty spectators were in
the court room at the time. The defend
ant was accompanied by his daughter,
Mrs. Carson Bechtel. and his brothers,
Thomas NJ. Swindlehurst, former sec
retary Of state, and William ]. Swindle-
hurst, of Helena, state commissioner of
labor and industry.
The defendant heard the verdict with
the same stoicism that has marked his
demeanor during the trial. but his face
lighted up as the jury filed out. and
both he and his daughter shook hands
with each juror.
The acquittal followed charge By
the trial judge, which, it is predicted
is likely to become a precedent in Mon
tana, that if the Jurors found the
evidence justified application of the law
of excusable homicide, they must acquit.
T. w. Choate, assistant attorney
general of Montana, and George Hurd,
of Great Falls. chief counsel for the
state, presented the arguments for the
prosecution. For the defense, Colonel
G. 3. Nolan, of Helena, made the open
ing argument, and Former Speaker of
the House James +. O'Connor, of
Livingston, delivered the closing argu-
ment. by agreement each side was limit
ed to three hours.
Attorneys for the state argued that
the cause Of death had been proved,
and that the two arguments put forward
by the defense-excusable homicide and
self-defense-are incompatible. The state
elso maintained that Swindlehurst as
saulted Harvey. beat him cruelty and
caused his death.
The defense argued that the state
had failed to establish the cause Of death
beyond a reasonable doubt, that the
testimony showed Harvey the aggressor
in the fight and that the defendant had
employed only such force as was neces-
sary to resist assault.
the courts instructions on the point
Of excusable homicide follow:
You are instructed that, If you find
from the evidence that Il sudden combat
was engaged in by the defendant and
the deceased, and that the defendant
used only his fists, and, in so using
them, inflicted only such injuries as to
him, as a reasonable man, seemed
reasonably necessary to relieve himself
of the danger of suffering grievous
bodily harm-then you are instructed
that any injuries, inflicted by the de-
fendant upon the deceased. under the
circumstances relieve the defendant of
taking any undue advantage as referred
to in the statute to which your atten-
ton has been called: and if. as a result
of such fight. Mr.. Harvey died, but the
killing was not effected in a cruel or
unusual manner, m said fist fight, or
otherwise, then your verdict should be |
one of acquittal"