The Kadoka press and Kadoka reporter. [volume] (Kadoka, S.D.) 1910-1923, 1921-10-14
CIRCUIT COURT STILL ON

away anu VIII Continue lliiIi Iiic
middle of next week when it will
be necessary for Judge Burch to
leave on account of his duties in
other parts of the Circuit, and a
great number of the causes on the
calendar for trial at this term will
be laid over until the spring term
of Court in March, when with the
two judges in the Circuit it will
be possible to clean up the work
at each term.
All day last Friday was taken
up with the taking of the testi-
mony in the Austin murder case,
and Saturday morning the defense
presented it's testimony and Just
before supptr the Judge gave his
instructions to the jury and an
evening session was held and the
attorneys made their plea to the
jury. The jury retired and about
eleven thirty that night announ-
ced that they had arrived at a vcr
dict, and upon their return to the
Court Room announced that they
had found the defendant Not Gui-
lty. This was an exceedingly hard
fought case and occupied the en-
tire week of Court here, being
transferred from Bennett County
on change of venue by the de-
fendant. In this case Austin,
sheriff of Bennett County, was
charged with shooting and killing
Guy Latta on the night of Decem
Der 3lst. 1920, and a large number
of witnesses were called to testify
for the state. The defense claim
ed that the shooting was necess-
airy and justifiable, and they also
used large number of witnesses
to prove their side of the ease, aAd
from the facts presented t0 the
Court it was shown that Latta,
while drunk was running loose
with knife and had stabbed Il
party by the name of DuBray ard
Sheriff Austin was called upon 20,
place Latta under arrest. This
Austin did and while. taking Latta
down the street the latter broke
and started away from the Sheriff
when the latter called to him 20
stop, he did so, turned and started
for Austin with a knife, Austin
then ordered him again to stop
and told him he had him covered
with gun, but Latta shouted
that he was not afraid of the gun
and rushed at Austin with arm ra-
ised and carrying the knife. Aus
tin fired, hitting Latta in the ab-
domcn and the wounded man died
some two or three hours later.
Assistant Attorney General &. V.
Sickles Of Pierre. prosecuted the
case. and Helm and Dudley of Hot
Springs, appeared for the defense
and nearly fifty witnesses were OK
amined by the attorneys.
Monday morning the case Of the
State VS. Harry Wendte was called,
being the first of the Jackson
County cases to be tried at this
term. In this action the State
claimed that Wendt had borrowed
a team of horses and harness from
Milton Young, the complaining
witness, and had disposed Of the
horses and harness and appropri-
ated the proceeds of the sale and
this constituted the crime of en-
bezzlement with which he was
charged. The defense claimed that
the property in question had been
purchased by the defendant and
disposed of him as his property.
This case was given to the jury
just before the supper time adj
journment Of Court and after a
deliberation Of about an hour re-
turned a verdict of Not Guilty.
States Attorney Flagg P. Carlisle
appeared for the State and Attor-
new Fellows of Rapid City appear
ed for Wendte.
Tuesday the action against P.
H. Harrington was called for hea-
ring and this case also occupied
the entire day. In this action Har
rington was charged with Grand
Larceny, the prosecution claiming
that Harrington killed and appro-
priatcd three year old heifer be-