The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1926-06-03

. w ctO pei IlGJ0 CilC illoOe
here in recent years was
D. A. Hallowell, a Sand
the attention Of
lursday, Friday and Sat
ID with the murder Of
I he was accused Of STAY
25th, and because
case seventy jurors were
Dictated by the States efforts to estab-
fish an illicit love affair He urged
the jury to acquit Hallowell and claim
ed that in the case the defense had
shown every element of self defense
on the part of Hallowell in connection
with the unfortunate killing. R. G.
Wiggenhorn addressed the jury for
more than an hour and a half during
which time he made strong plea for
acquittal. He ridiculed the contention
of the State that Hallowell had manu-
featured much of his testimony and
asserted that the defendant could have
offered perfect testimony in his de-
Tense had he wished. He explained
the apparent contradictions in the
testimony of Sancomb, the only eye
witness to the Staying by pointing out
his age and his Affections as to hear
ing and sight.
The final argument for the State
was made by H. c Crippen who talked
for more than an hour during which
time he reviewed HallowelPs and
Sancomb's testimony and declared
! that the case offered every element of
first degree murder He argued that
there was malice present when Hal
lowell shot the girl as she stood in the
doorway of his home.
) During the trial Hallowell's divorced
wife was present by his side as was
: also his eighteen year old son, a stud
! ent of the Billings Polytechnic. Mrs.
Emma Kerckel Gee mother of the
, slain girl, was also present and was an
{ interested spectator. The courtroom
t was packed to capacity during the en-
+ tire trial many crowding the halls
during the time that arguments were
: being made.
The jury retired at ten minutes past
: eight on Saturday evening but it was
, evident to those who heard the case
t throughout that they would probably
: convict the defendant. Their verdict
e was reached at two o'clock Sunday
h afternoon.
S Hallowell was found guilty of MUIR
r der in the second degree and the jury
fixed his punishment at hard labor in
: the state penitentiary for the inde-
terminate term of from twenty to
. forty years. When the verdict was
! announced Hallowell asked permission
of the court to make statement to
= the jury which was refused him on the
q ground that his counsel were not pres
. ent at the time and Judge Stong told
6 him that he would have the opportun-
, ity to make such a statement if he
y wished at the time sentenced was pro-
9 nounced upon him. Sentence was pro-
4 nounced Tuesday morning at ten
o'clock.
Judge Stong, in sentencing Halo
:, well, said that under the law in the
q evidence the jury could only bring in
a verdict for second degree murder or
q acquittal and passed the sentence not
less than twenty years or NOR than
forty John G. Skinner, attorney for
the defendant gave notice of motion
. for new trial and court granted sixty
days time to prepare the motion
q Sheriff John Albert left on yesterdays
! train for Deer Lodge with the pris-
oner.
! Thus ended one of the most afro
, cious and uncalled-for crimes that has
: been perpetrated in Carbon County
;, during the past several years. The
! testimony indicated that the Staying
was entirely uncalled-for, that Halo
well had every means of escape and
that he was in no danger because of
: revolver in the hands of an inexper-
fenced girl at the time of firing the
: shot that took her life 1t is doubtful
if the verdict of jury in any case
ever tried in Carbon county ever met
: with such general approval of it's peo-
T pie as the verdict of the jury in the
: case of the State VS. D. A. Hallowell.