The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1943-11-04
State Presents Case
In Trial of Darchuk
On Opheim Car Death
WITNESSES TESTIFY in DISTRICT
COURT MANSLAUGHTER
COMPLAINT =.

The state this morning was con-
tinuing presentation of its case
against Mike Darchuk, IS, Scobey
man, charged with manSlaughter as
the result of the death of Elmer
Hjelter, SO, Opheim farmer, the
night of July 4.
The state charges that a a driv-
en- by Darchuk struck and killed
Hjelter on the Opheim-Glentana
road about a mile and a half east
of Opheim. The manslaughter COM
plant is based on the states aliega-
ton that Darchuk was intoxicated
at the time of the accident.
On the stand this morning was
Frankie Fritz) Stearns, who told
of being in an Opheim beer parlor
the afternoon of the Fourth when
Darchuk and two companions came
in. They remained some time, he
said. Later, he said he rode a short
distance in Opheim with Darchuk
and during this time Darchuk
turned a corner ION two wheels"
Got Out of Car
Stearns testified that he got out
of the car and told one of Darchuk's
COllpdlllOIlS llldI lie WdS d1ldlO "
ride any further.
On cross-examination by defense
attorneys, Stearns changed his
statement that Darchuk had been
in the beer parlor most of the af-
ternoon and said he had not seen
him until about 4:30. He also said
that while he saw Darchuk at the
bar in the place he did not see
him take any drinks.
Shortly before noon recess today
the state closed its case and defense
testimony began.
First defense witness vas DR.. A.
D. MCDANIEL, Minot, N. D., special
ist, who testified that Darchuk re-
ceived treatment in a Minot hoSpi-
tai for an eye injury for five weeks
following the accident.
DR.. MCDANIEL also was qualified
as a medical expert and when asked
by James T. Shea, defense attorney,
if conclusion may resemble intoXica-
ton said Absolutely, in its early
stages" He said the early stage was
from 6 to "a hours after the injury
suffered. DR.. MCDANIEL said
Darchuk's mental actions were de-
and led the doctor to believe
that Darchuk was suffering from
evidence of conclusion"
In answer to further questioning
Dr.. MCDANIEL said conclusion sui
fererers can be awakened mcmen-
tarily and can talk, but that little
reliance can be placed on their
answers to questions during that
period. He added that there is lit
tie change in pulse or respiration
rate in conclusion.
Attorneys representing the state
n the cas- are Thomas Dignan, act
ng county attorney, and E. L. Wal
on of Wolf Point, special counsel
appointed by the county. DarchukS
attorneys are James T. Shea and
H. Roberts.
Jury Is Selected
Most of Monday in the cast was
AIKEN up in selecting a jury, COM
of ten men and two women,
With one alternate juror. Members
# the jury are William Lauckner,
Toward Haynes, Clarence Kravik,
,arl Britsch, E. L. Copenhaver,
.ouisa Hall, Peter Kibak, Evelyn
niger, George Kolstad, KOn G.
thurman, A. H. Stolen and Frank
Ieyer. Gottlieb Dashner is alternate
Testimony by investigating Off
ers, witnesses for the state, ecu
led most of Tuesday. All witnesses
,ere excluded from the courtroom.
HighlightS of testimony by both
heriff E. L. Mcpherson and Coro-
err j. A. Holland were statements
V both that Darchuk told them that
e had about Is Whistles during
lie afternoon and evening before
lie accident.
The sheriff said he had been called
} Glentana on another matter the
of the Fourth and was in
,rmed of the accident when he
rived there. He Immediately went
|, the accident scene. The coroner,
no had been summoned from
lasgow, arrived about 45 minutes
ter.
They described the location and
,ndition of Mr.. Hielter's body, ly-
g at the edge of the road. The
archuk car, they said, was about
10 feet further east. 1t had gone
f the grade, running along the
ope of the shoulder and then had
n into the barrow pit, finally
ilting in shallow water in the pit.
Interview at Hotel
The officers said they later inter
eWed Darchuk at a hotel in OPP
i'm, where they found him sleep
@ on a bed with Eldon Bondy OF
.chland and Paul TauSend of Four
lttes, who had been passengers IN
e car. They said they awakened
archuk with difficulty. 1t was dur
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