The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1919-03-14

postmaster of Livingston charged with
the murder of o. M. Harvey, chairman
of the republican state central COM
mittee, began Monday morning. Judge
Stark called in Judge Taylor of Bill
lings to sit in his stead.
The prominence of the men, both of
whom were we'll known over Montana,
serves to attract more than state
wide attention.
The jury was completed Tuesday
afternoon and counsel Immediately
began making their opening state
ment. One of the questions put to
prospective jurors by former District
Judge James F. O'Conner, chief coun-
sci for the defense, would indicate that
the defense will attempt to show that
Mr.. Harvey's death was the result
of accident or misfortune, that the
blow alleged to have caused his death
was delivered by Swindlehurst in the
heat of passion, that it was not de-
livered with any dangerous weapon
and that Mr.. Harvey did not come
to his death by reason of any cruel
or unusual act upon the part of Mr..
Swindlehurst.
Court convened at 9:30 o'clock. A
few minutes prior to that the defend
ant, accompanied by his two brothers,
walked into the court room. He took
seat at the table with his counsel,
Judge .O'Conner, Colonel G. B. Nolan
of Helena and Frank Arnold of Liv-
ingston. The brothers occupied seats
few feet away near the railing
Mrs. 0. M. Harvey, widow of the
man with the murder of whom SWIM
dlehurst is charged, accompanied by
!, her 16-year-old daughter, came into
Y the court few minutes before court
convened, but did not remain long.
Mr. Niles is assisted in the prosecu-
tion by Assistant Attorney General
|. w. Choate of Helena and George
Hurd of Great Falls.
Aside from the members Of the
jury panel, there were not more than
score of spectators present at the
opening of the trial.
The presentation of the hypothetical
question, which was propounded for
the state by Attorney George Hurd
followed an extended direct eXamina-
ton of DR.. Leard late Wednesday af-
ternoon and Thursday morning and
which covered exhaustively the con-
dition in which DR.. Leard had found
Mr.. Harvey when first summoned un-
til he expired, and the results of the
autopsy.
One important feature brought out
during the examination of DR.. Learc
Thursday morning was his statement
that at the time upon which the skull
cap was removed, the skull was founc
to be about an eighth of an inch
thick.
"At the time of your diagnosis ir
the Elite Cleaning parlors," DR.. Learc
was asked, "did you conclude in youl
mind as to what seemed to be the
trouble with Mr.. Harvey?"
81 did"
"What was the cause of his death p
II would say that it was hemor
rhage of the BRAIN"
The Hypothetical Question.
The hypothetical question was ther
propounded to Dr. Leard. 1t read as
follows:
Assuming that Oliver M. Harvey
left his office at about $50 p. m. or
the twenty-third day of December
1918, and was in an apparently pleas
ant frame of mind and in his usua
condition of health, and that while
walking in front of the Miles Garn
ier building on Calendar street in thi:
city, he was met by the defendant
Joseph E. Swindlehurst, coming from
an opposite direction to that in which
Mr.. Harvey was going; that upo,
coming together or Immediately there
upon the defendant Swindlehurs
struck Mr.. Harvey a powerful blow
the result of which caused Mr.. Har
vey to stagger, and that immediatel,
after the blow was delivered the de
fendant, Swindlehurst put his arm
almost entirely around the neck O
Mr.. Harvey so that Mr.. Harvey
head was held close to the body O
Mr.. Swindlehurst and thereupon witt
his right hand the defendant Swindle
hurst struck a number of blows tina
are described by lay witnesses as ter
rifle and one of which blows was in
flicted upon the head of Mr.. Harvey a
a point about two inches above an
two inches behind the left ear of tn
left parietal eminence and one o
which was inflicted in and above tn