The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1922-02-24
Pete Stewart Goes Witness Stand and Testified That He
Shot Chester Hawley In Self Defence-Haw1ey Did Not
See Stevens Shoot.

afternoon at two O'Clock, and jury
was Immediately selected in the case
of the State of Montana versus Bar
ry Stevens, charged with Assault In
the First Degree upon Chester Haw-
ley, an Indian half breed, at Dooley
last fall as the result Of difficulties
arising in a game of stud poker.
The jury was selected Monday ey
ening and were as follows: Louis S.
Smith, M P. R. Strandskov, J. c.
Hansen, Helmer Jensven, r. NJ. Rus
sci, Emil Ray, L. C.. Ansvick, Ii. NJ.
Daley, R. R. LELAND, Neils Christian
sen and O. A. Seivig.
Attorney Paul Babcock appeared
for the defendant Barry Stevens, and
County Attorney Erickson, unassist-
ed, although Assistant Attorney Gen
eral Cotter was here, appeared for
the state.
Chester Hawley was the states
chief witness and ne testified that
he, Harry Huffman, Pete Stewart,
Berry Stevens, Lee Munson and Britt
Chandler were playing stud poker at
the pool hall at Dooley, and that
early in the morning after having lost
all evening, having about two hund-
red dollars In the game, pull his gun
and demanded his money back and
that Harry, the person running the
game, counted it out and as he
reached to get the money he accident
ally pressed the trigger and the au-
tomato revolver which he held in his
hand went off hitting something and
glancing through the thigh of Barry
Stevens. That afterwards they talked
the matter over and all shook hands
and made up and that he then with
others helped Barry. Stevens out to
Stevens automobile and helped him
into the front seat of the car and
that Stevens took the seat next to
the driver and that he stood on the
walk watching Pete Stewart who
took the blanket off from the radiat
or, put it in the seat and was leaning
ever turning on the lights when he
noticed that Stevens has left his seat
and saw a form moving toward the
back of the car when he saw fash
and he was shot twice, once through
the head and once through the chest
and fell to the ground saying, Barry
You Got Me-" That he than got UP
and walked between two buildings
and across lots over toward the lunl-
Der yard where he tainted and that
upon coming to he crawled to his
room in the Epler brick building
where he laid until DR.. Cooper came
and the officers found him.
Other witnesses were placed on the
stand in support of Hawley's story
DR.. Cooper testified to Hawley's con-
dition and the manner in which he was
shot. Sheriff Collins testified to find
ing the shells of thirty-two cahbre
pistol, and the digging of one of the
soft nose bullets out of the door
frame that had probably gone thru
the Indian, and also testified TO the
finding of the steel pointed bullet
from the Indians gun, IN the wall in
the poker room.
No motive for the shooting of
Stevens was disclosed.
The state rested and Attorney Paul
Babcock moved for dismissal ON the
grounds that the state had not made
prima facia case against Stevens
and on the technical grounds that the
evidence had not sustained the in
showed that the attack had been
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volver as charged in the information
Judge Conner overruled the motion
and the defense went to trial We'd
nesday morning. Pete Stewart took
the stand and testified that the In
dian had held up the game as he
had testified, but that after they were
on the street, he also being intoxicat-
ed, pulled his gun again and was
waving it about and said that he
could fix them all or something to that
effect and that he pulled his gun and
shot Hawley in defence Of himself
and the others that were with him
and that they left him for dead and
brought Stevens to Plentywood, cali
ed the doctor and notified Sheriff Col
Inns. Harry Huffman and Lee Mum
son, although hesitating and very
nervous went ON the stand and testf
fed that Barry Stevens had not left
his seat in the car.
Attorney Babcock moved a directed
verdict of acquittal and the ATTORNEYS
retired to the chambers to argue the
matter and when Judge Conner re-
turnd to the bench he took the case
from the jury, dismissed the defend
ant Stevens and also dismissed the
jury.