The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1938-07-28
Farmer, Son Held
On Staying Charge
Bert and Melvin Helwick
Plead MOI Guilty To End
Degree Murder Charge

his son Melvin are being held
in the county Jail pending trial
on a second degree murder
charge growing out of the
death, early Friday morning of
Wade Layton, 20, of Lodge
Both entered pleas of not
guilty when arraigned before
District Judge Ben Harwood
Saturday afternoon.
Bail was fixed at $4,000 each.
County Attorney c. C. Quinn
explained that under Montana
law a man is guilty of second
degree murder when he kills
another with no design or pre-
meditation OF while in the heat
of passion. He added that the
evidence did not indicate first
degree murder.
The nature of the weapon
allegedly used "a stone) indi-
Gated that there was no pre-
meditation in this case.
He also added that the min
mum sentence for second de-
gree murder is ten years, and
the maximum, life imprison-
ment.
Melvin Helwick is charged
with being the principal in the
case, and the elder Helwick is
accused of being accessory be-
fore the fact. Under the law
the accessory is equally guilty
of the crime and receives the
same punishment.
Mr.: Quinn stated that the
HelWicks would receive = jury
trial, probably in November.
Much evidence was given dur
ing the inquest, held Friday az
ternoon.
First witness was DR.. L. E.
H%averfield, who described the
condition of young Layton when
he was brought to Hardin short
ly before 200 am. Friday
morning. He stated that the
only injuries he noted were a
bruise on the left cheek and
a head injury toward the back
of the left side which gave
evidence of external and in
ternal bleeding. He added that
without X-rays he was unable
to say positively whether there
was a fracture. Layton was in
a deep coma, and died about
ten minutes after he arrived to
make an examination, the doc
tor said.
Mike Carney, the next witness
had been an eye witness to a
part of the alleged alteration.
He stated that Wade Layton
had been working for him on
Thursday. The lad was sent af-
ter a horse and when he failed
to return Carney went to look
for him. He sighted the rider
less horse and arrived at the
scene of the quarrel, he stated,
in time to see Bert Helwick
standing over Layton. Carney
said the elder Helwick was
urging Layton to get up and
fight and Layton replied that
his head hurt too badly. The
witness added that Helwick
jerked the boy to his feet and
slapped him twice with a hat.
According to Carney's statement
Layton turned toward both of
the Helwicks saying. My head
hurts where you hit me with
the rock"
The lad then managed to
mount his horse and rode TO
the Carney place. He was then
taken to his home, said the
witness, and Carney did not
see young Layton again until
he was summoned about 11:15
pm. to take the boy to Har-
din. He said the lad was IN
conscious during the ride.
In answering specific cues
tons about the quarrel Carney
described an accusation by the
elder HelWick in regard to
money he alleged had been
obtained from him by Layton.
The witness also told of hearing
Melvin Helwick say II threw a
rock at him and knocked him
off the horse" The witness sta
ted that at the time he saw
him Layton had no weapon
of any sort on his person or
in his hands.
S. Carney, father of Mike
was the next witness. He said
he was with his son when they
came to the scene of the quar-
rel and cororborated his sons
testimony. He added that the
Layton lad Thought he had
been kicked in the ribs" He
also said young Layton stated
that he threw a rock at the
elder Helwick.
Joe Magnan, who lives at the
HelWick farm was the fourth
witness. He related that he
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