The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1919-03-21
SWINDLEHURST
NOT GUILTY
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Continued from page u
body of Mr.. Harvey, was originally
summoned as a witness for the state.
but was not called by the state and
was called by the defense.
"We did not call DR.. Alton as a
witness,' said Mr.. Hurd, "because
we would not ask you to believe a
man in a murder case when we would
not allow ourselves to believe him
under oath.
In beginning his argument to the
jury, Mr.. Hurd briefly summed up
the arguments of the defense as COM
ing under five different heads which
he characterized as a contention that
Swindlehurst didn't kill Harvey; an
other that the state couldn't prove
that Swindlehurst Killed Harvey; a
third that Swindlehurst killed Har-
vey in self defense: a fourth that Har-
vey's death was an accident and fifth.
the contention that Mr.. Swindlehurst
should not be convicted because he
was a prominent man, The father OF a
family and the brother of prominent
men.
Attacks Play for Sympathy.
Mr.. Hurd first attacked what he
termed the effort of the defense to
arouse sympathy of the jury for the
defendant. He declared that during
the years he has practiced law in
Montana he has appeared for the state
and as counsel for the defense in SO
murder cases, and had seen in many
Of them attempts to play upon the
sympathy of the jury in bringing into
the court room the children of the de-
PENDANT or bringing in other members
of the family, but that he had never
thought it honest with the jury. He
asserted that the family of Mr.. Har-
vey was just as much entitled to
sympathy, so far as that is concerned,
as is the family of Mr.. Swindlehurst.
Mr.. Hurd asserted that the state
had made out it's case beyond any
reasonable doubt. Adverting to the
statement of Colonel Nolan that it had
been the states autopsy, which state
ment was made by Colonel Nolan in
relation to the states intimation dur
ing the time DR.. Alton was on the
stand that the autopsy performed had
not been thorough, Mr.. Hurd stated
that at the coroner's inquest DR.. Pam
pei had testified that the findings of
the autopsy were that the probable
cause of death was cerebral hemor-
rhage and that DR.. Alton had at this
time approved of DR.. PampePs tes-
timony.
ri heard for the first time," said
Mr.. Hurd, "when DR.. Pampel testi-
fled, that the saggitall suture in Mr..
Harvey's head had not knit and that
the skull bone had never properly os-
sified.
"The first intimation l had that DR..
Pampel was not going to c~orroborate
the testimony he gave at the coron-
er's inquest, vas when DR.. Pampel
himself was on the witness stand"
Mr.. Hurd referred to DR.. Pampel's
statement that the saggitall suture
in Mr.. Harvey's skull "a unknit and
not a fracture as a dumping scene"
and followed it with the charge that
Dr.. Alton had deliberately intended
to dump" the state.
Scouts Self Defense Plea.
Taking up the theory of self de-
tense as advanced by counsel for the
defendant, Mr.. Hurd said that the
only three witnesses of the self de-
Tense theory were Swindlehurst him
self, Luman Stevens of Bozeman and
Edward Mcintosh.
"Never BEFORE" he declared, shave
l heard a defense that the defendant
didn't kill the man and in the next
breath urge that he had killed him in
self defense. Colonel Nolan in his ar
gument asserted that Swindlehurst did
not kill Harvey, and Attorney O'Con-
nor right afterwards declared that
Swindlehurst had killed Harvey in
self defense" Hurd said that if Swim
dlehurst didn't kill Harvey then self
defense was not part of the case and
expressed his amazement at what he
termed the unusual procedure. He
declared that Nolan and O'Connor hac
taken the testimony of the defendant
and the men Stevens and Mcintosh
t and then sought to discredit the tes'
, timony of the states eye witnesse:
by sarcasm.
Mr.. Hurd declared that Swindle
bursts account of the language tina
passed between him and Harvey Whel
| they met just preceding the TRACED!
, was uncorroborated by any one AM