Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-12-10
Kraft TRIAL
ENDS AFTER 9
DAYS In COURT
Arguments in Damage Action
Will Be Made Monday
Afternoon.

Testimony of witnesses in the Kraft
damage suit against the Great North
ern railroad and Special Agent Roy
/ Charnock, in which Mrs. Carrie Kraft
is suing for S26, 900 damages as the
result of the death of her husband on
April %, 1921, following his being shot
on the night on March %, while
allegedly resisting arrest by Charnock
on a charge of being short in his remit
tances as a dining car porter, was
completed Saturday, the ninth day of
the trial. After both sides had rested
". l.. Cliff of defense counsel moved
for a directed verdict for the defend
ants, on the, ground that the plaintiff
had failed to establish a claim for
damages. The motion was denied by
judge J. 3. Leslie.
The jury was excused until Monday
afternoon when court adjourned short
~ before 3 p. IN. Opposing counsel in
the case exchanged copies of proposed
instructions TO the jury. Both sets were
, submitted with Judge Leslie. Monday
morning the judge and attorneys will
meet to discuss instructions and Mon
day afternoon arguments by counsel
viii be addressed to the jurors.
Rebuttai Witnesses Called
The entire time court was i'll session
Saturday was taken up with hearing
rebuttal witnesses placed on the stand
by the plaintiff.
During the course of the trial DIR.
Woods and DR.. w. A. Hulbush testi-
fled that they believed krafft's death
was caused by complications resulting
from the gun shot wound of March %.
DR.. G. J. Breaee and DIR. /. II. Irwin
answered mo" to the question. Was
the gun shot wound the proximate
cause of Krafft's DEATH" They said
he died from an attack of pneumonia.
Kraft fell against the house outside
the bedroom of Mrs. 7. Culp the night
Of the shooting, she told the jury Sat
urday. Her home has one of the two
houses between which Charnock had
testified Kraft was when he (Char-
nock( shot from n t%rrace near the
sidewalk. Mrs. Culp said she saw no
men until after the shooting. The wit
ness said she had retired for the night
and was disturbed by shots. hearing a
thug as if q man were falling against
the house after the final shot. She
said she looked out the window and
saw a prone figure trying to crawl on
all tours. Another person ran up and
the two scuffled, she said. after which
she heard the two walk rapidly to-
! ward the corner of Seventh avenue
south and Eleventh street. She said
she could hear them breathing heavily,
especially after going 10 the opposite
side Of the house. Charnock had previ-
ously testified to not catching Kraft
until they reached the corner.
+ County Attorney W. J. Tighe. deputy
in the office of County Attorney
! Howard q. Bennett at the time of
krafft's fatal illness. testified to hav-
ing gone to the Columbus hospital on
April % to get a dying statement from
Kraft in case criminal procedure
might later come up. He said Kraft
gave but meager statements and an
swcred but few questions The county
attorney could not say il this was due
to inability to answer or 10 mental or
physical condition.
Lengthy Transcript
During the trial 100000 words have
been entered in the stenographic note.
book of Ray Noonan. court. reporter
These notes cover 300 pages. He says
each Of these pages will fill a double
spaced typewriter page when tran.
scribed. Jurors in the case are Corridor
Ferguson. ]. j. Grohs, Il. j. Boorman
X. B. Mcfver, G. Z. Mallon. r. c
| Allison. John Lloyd. Andrew Mills, \
Fl. Allison, Thomas Lehman, 6. O
Shafer and 4. G. Dykeman.
f. l.. Norris Of Norris, Hurd {
Rhoades appears for the plaintiff il
the case and W. J.. Gift and r. II
Glover Of Eeazcy, Gift & Glover 70,
the defense.