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

live minutes, including the dinner
hour, the jury in the case in which
Joseph E. Swindlehurst, postmaster
of Livingston, who has been on trial
here for the past ten days on the
charge of numbering O. M. Harvey,
late chairman of the republican state
central committee, returned verdict
of not guilty at 9:30 o'clock last eve
ming. The verdict, it is understood,
was reached upon the sixth ballot
taken by the jurors. The five prev
ious ballots, it is reported, stood elev-
en- for acquittal and one for convic-
tion.
After the jury had informed the
court baliffs in charge that it had
arrived at verdict, the defendant
who was at his home, was summon
ed by telephone, as were counsel in
the case and Judge Taylor. Before
Mr. Swindlehurst reached the court
room, accompanied by his daughter
Mrs. Carson Bechtel, his brothers
Thomas M. Swindlehurst, former sec.
retary of state, and William j. Swim
dlehurst, state commissioner of labor
and industry, arrived.
Attorneys j. F. O'Connor and Frank
Arnold of counsel for the defense
were in the court room and of the
counsel for the prosecution Attorney
E. M. Niles. Colonel C. B. Nolan
of counsel for the defense had left
for Helena earlier in the day and At
torneys George Hurd of Great Falls
and Assistant Attorney General I. w
Choate of Helena were not present in
the court room.
Few Spectators Present.
There were not more than score
of spectators in the court room when
the jury filed into the box and was
asked by Judge Taylor if they had
arrived at verdict.
"We have, your HONOR" responded
Al Sevals, Livingston grocery clerk
who had been elected foreman, pass
ing it to the judge. Judge Taylor
opened it, read it, made notation
on it and handed it to the clerk of
the court, William Pethybridge, who
read it and stamped it. The verdict
was signed by each of the jurors, an
incident out of the ordinary.
Usually the foreman only signs the
verdict and the jury is polled following
the announcement of the conclusion
reached, but this was not done in this
case.
No Demonstration in Court.
The whole procedure occupied only
a few minutes and it was only short
time until the defendant and his
daughter were on their way home
There was no demonstration of any
kind in the court room aside from
Swindlehurst's counsel shaking hands
with him.
The court room during the entire
day had been packed to standing room
only. The trial lasted just ten days
and after the first three days the
court room was filled to capacity ev-
cry day, with many persons standing
The case has attracted much atten
locally, not because of the prominence
of the defendant and his family, but
because of the distinguished counsel
employed on both sides in the case.
Hurd Scores Alton.
In the closing argument for the
state and of the case, Attorney Geo.
Hurd of Great Falls attacked the at
titude of DR.. R. D. Alton as wit
ness, telling the jury that he was con-
vinced DR.. Alton had deliberately in
tended to dump" the state, to sup
press evidence and to thwart justice.
"There isn't any more doubt of that
in my mind" said the attorney, "than
there is that am standing here.
"And l say it with pity.
''There is nothing more pitiable to
me than to see man who has led
the respectable life that DR.. Alton
has led depart from the paths which
he has heretofore pursued.
"Dr. Alton, under cross-examination,
disputed practically every author who
had anything to do with medical jur-
isprudence; he injected the element of
conjecture; he gave the lie to Will S.
Hartman and to D. A. McCaw.
"For what purpose?
81 have no malice toward DR.. AL
ton, but l have the most supreme con-
tempt for him."
Mr.. Hurd declared that never until
DIR. Alton had been placed upon the
stand in this trial had he, Hurd, ever
heard that there We're indications of
meningitis in the brain membranes of
Mr.. Harvey. 1t will be remembered
that this was one of the things to
which no mention was made in the au-
=; topsy notes. Neither did DR.. Pampel,