The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1945-11-29
Two CASES HEARD AT JURY TERM
OF DISTRICT COURT BYWEDNESDAY
Two More Criminal
Cases. Several Civi
Suits Still On Docket

The jury term of the district
court of the thirteenth judicial
district began here Monday,
with the first case on the dock
ct quickly completed as Paul
Herrera, charged with man
slaughter in connection with
the fatal shooting of Robert
Rhinehart last May IL entered
a plea of guilty.
District Judge Guy C. Derry
will pronounce sentence on
Herrera Monday.
Pete PitSch was found guilty
of second degree assault on re-
commentator of the Jury today
Judge Derry pronounced SEN
tenance of $1,000 fine and one
year in the state penintentiary
sentence suspended.
The state, represented by
Bert w. Kronmiller, county at
torney, began the presentation
of its case Monday, with a
special court session Monday
evening to allow medical wit
nesses, who came from Billings
and Lewistown to testify.
Witnesses for the State in
cluded Paul Herrera, DIR. J. w.
Schubert, DR.. L. w. 'Allard, DR..
Roy v. Morledge, Benny Her
rera, Henry Arndt, Frank Floyd,
Roy Riley and Robert Bragg.
Paul Herrera, the first wit
; ness gave an account of the al
tercation in which he was in
jured. At about midnight, on
April 10, Herrera said, he Hal
lie Saunders, Pete Pitssch, Dave
Pitsch and Robert Rhinehart
were having a dollar rolling
contest in the Arcade bar. It
was nearly closing time, and
Saunders and Herrera had a
$40 side ibet on the outcome Of
the last match. There was q
misunderstanding regarding the
terms of the. bet. with both
Saunders and Herrera claiming
the money, the witness said.
Dave Pitsch approached Her
rera, the witness said, using a.
busive language. The witnesses
17-year-old son took hold Of
Pitsch's arms in an attempt to
hold him back and the pair
stumbled and fell to the floor.
Meanwhile, Paul Herrera con-
tinued, he caught a glimpse Of
Pete PitSch approaching him
from the rear and a moment
later felt a heavy blow Just be-
hind his right ear. He assumed
PitSch had delivered the blow.
Later witnesses were unable to
testify to seeing Pitsch strike
this blow. Pitsch then came a.
round from behind Herrera
and hit him on the nose, knock
him to the floor. Pitsch then
climbed on top of him, Herrera
said, and proceeded to admins
ter a beating.
Witnesses who corrorborated
parts of Herrera's testimony
were Benny Herrera and Henry
Arndt.
It was brought out in the
medical testimony that Her.
rera had suffered a fractured
skull, a crushed nose, and num-
erOuS Commissions and bruises.
The crushing of the nasal bone
resulted in a severe nasal hem
orrhage which doctors had diff
ficulty checking and which
made Herrera's condition critical
for a time, according to the
various doctors who testified.
Undersheriff Roy Riley test
flied to seeing Pete Pitsch with
a bloody right hand shortly
after the fight and Highway
Patrolman Robert Bragg testi-
fled that Pitsch'S knuckles were
skinned on the right hand
when he saw him the following
day.
The defendant testified in
his own behalf, and the defense
also called Henry Arndt, Myron
Durtshe. Dave Pitsch, Adam
Heller, Mrs. Sarah Pitsch, Fred
Lipp, L. S. McAllister, Dick
Louk, John Scott, and Evan
Clawson as character witnesses.
Pitsch said he put his hand
on Herfera's shoulder in the
course of the argument and
that he did not hit Herrera un-
til the Mexican had taken a
swing" at him. They then
clinched and fell to the floor,
he testified. Henry Arndt, Dave
Pitsch and Myron Durtshe sup
ported his story. His wife, Mrs.
Sarah Pitsch, testified that her
husbands knuckles were not
skinned on the day after the
fight.
The remaining witnesses gave
evidence regarding chs
character, agreeing for the most
part that he was a law abiding
citizen and odinarily well be-
haved.
On Wednesday morning Nh.
Kronmiller and the defense at
torney, H. G. Crippen of Bill
ings: presented their arguments
to the Jury, and the fury was
instructed: by Judge Guy g.
Derry and retired to make its
decision at noon.