The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1938-11-24

OSSIoS uluTOST.
Helwich is charged jointly
with his father. ]. H. (Bertp.
Helwich, in connection with
the death OF Wade Layton. 49,
year-old Lodge Grass youth.
whom the Helwichs dllegedlY
killed July FL.
Jurors were selected Monday
and the trial vas resumed Tues
day morning.
The first witness, Joe Mag
non, testified that he is now
and was on July 81, the day the,
state charges Wade Layton was,
killed, employed on the Helwich
qancl, Approximately three:
m les north of Lodge Grass
Magnon testified that Bert
Helwich, between 600 and TOO
pm. July 81, came home by auto
and joined his son, Melvin. The
two shortly thereafter left in
the HelNich car towards the
44lSlI" Cy NoAl116 w AoASC 1pSoc
He stated that he did not hear
them say anything and did not
see them again until after they
had reached the Lodge Grass
highway. Then he noticed
that they turned around and
were headed back towards their
home. He said he thought Dney
had changed their minds about,
going to town. When they
reached the gate leading from
the Helwich farm to the rail-
road and highway right-of-way,
he heard them shout something
at him about a horse, but he
did not understand just what
they said.
He testified he went down in
the field to look for a horse
and found some horses i'm the
alfalfa field. He saw a. man on
a horse going toward Lodge
Grass when the Helwichs were
at the right-of-way gate.
Later he saw the two Hell
Wlchs and the horse, but the
rider was not in view. He be-
came curious and walked across
the field to see what the Hell
Wichs wanted.
On reaching the Helwichs he
saw Wade Layton lying on the
ground with Melvin Helwic1i
standing. over the Layton boy
asking him to get up and fight
Layton said he was not able to
get up and Bert questioned him
about taking his car several
months previous. Layton adj
mltted taking the car, Magnon
testified, but complained that
his head hurt and that he was
unable to fight. Bert then pulle6.
Layton up and slapped him with
his own hat.
Mike Carney and his father.
sylvester Carney, Lodge Grass
farmers, took the witness stand
to state that they were at the
scene when Wade Layton was
lying on the ground. Mike Car
ney said Layton was conscious
and that the injured boy said
Il threw one rock at the old
man and had he not fallen
down I would have killed him.
Wade Layton then got on his
horse and rode the few miles;
to his home, it was further
nj Ike Carney helped Lonnie,
Layton. father of Wade. take
the boy to a Hardin hospital.
where he arrived early in the
morning. Wade Layton died
about ten minutes after enter
ing the hospital, it was brought
out.
Other witnesses for the state.
were Sheriff Henry Ulrich, Mr..
end Mrs. Boese, who lived near
the scene and testified thy
saw the bow fall from the horse.
DR.. L. E. H%averfield, DR.. G.. A.
Baker and DR.. j. W. Schubert
testified that the boys skull
was fractured causing a hem
orrhage which was the immed-
late cause of death.
DR.. Schubert exhibited an x
raw photograph of Layton,s,
skull showing the fracture.
j. W. Bulls, county coroner.
testlfled to holding an inquest
the afternoon of July %, also
described the extent of the in
jury.
The jury is comprised of I. y.
Davidson. Busby; Frank RUIZ
lcka, Decker: j. S. Romine. Nc
Rae; w. L. Donges, Hardin: lAd-
olph Setback, Hardin; Robcrr
P. Rains, Decker; Mark W0Ns
Crow Agency; A. s. RandaN
Hardin and Alvin Kurtz as ar
ternate juror.
The case will be resumed this
morning.