Casper Daily Tribune Newspaper, April 20, 1920, Page 5

TUESDAY, APRIL 20, 1920 DEFENSE SORES ON MAN POINTS IN LATE. TRIAL (Continued from Page 1) life of Roy Martin, or to do either of them grievous bodily harm, and that the defendant Hugh Armstrong shot to avert such apprehended danger, then the, defendant had the right to shoot to protect his own life or the life of Roy Martin, And you should acquit him on, the ground of self-defense.” Further: ‘You are instructed -that the information in this case is of it- self 2 mere accusation or charge agains’, the defenilant and is not, in itself, any evidence of guilt, and no juror in this ease should permit himself to be in- fluenced against the defendant because of *** the information being filed against him.” Other instructions covering the find- ing of a verdict favorable to” the de- fense were included in the list, which ure published to show what the jury accepted as fatt after the evidence was in and arguments concluded. The defense, it has been admitted, proved a revelation to those following the case and a‘review of the evidence accepted by the jury in authorizing an acquittal brings out the more impor- tant points on which the defense was based in addition to minor discrepancies which crept intogthe state’s evidence, Outstanding among these contentions, which overthrew the state’s evidence in the opinion of the jury, were -claims that the defendants were given cause to suspect an attempted raid on the liquor ‘by Greeks; that Armstrong was on thé Martini premises to participate in a duck hunt on the morhinhg of the shooting; that the officers failed to make known their identity; that Armstrong shot after two shots had been fired and those by an automatic pistol which could not be found in possession of the defense; that the hour was long before daylight when it was impossible to es- tablish anyone's identity by sight; that officers were brutal in their treatment of Armstrong, and that he was denied counsel or communication with relatives for 48 hours while threats of mob vio- lence were made to intimidate him into making a confession, which was denied as a fabrication. The Greeks, it was. shown, in the de-|§ fense evidence, were hauled to points ned different hours preceding the gun fight, some of them equipped with shovels as if prepared to rob the cache. about the premises and had been driven away, Informed of developments the defendants were on gtiard against an attempted robbery. Armstrong left the house, it was testified, a few feet be-|¢ hind Martin and saw two flashes di- rected from the point where Majors afterwards was found around the cor- ner Of a building. Advahcifi® to the corner a gun was shoved. toward him andsit was discharged when he struck it@vith his own, shooting at about the same time. Armstrong and others tés- tified that the officers made no attempt to arrest them and failed to make known their identity. Following developments, insofar as Armstrong was concerned, occurred in- side the Martin home where Armstrong fled, stumbling into a room off the kitchen which had no floor and dropping his shotgun. While the prosecution tried to show the door to this room to be of cubbyhole size, indicating an attempt on the part of Armstrong to hide his gun, the defense and Mrs, Martin testified that the entrance was of greater size, Armstrong, it was sworn by witnesses of the defense, made no effort to resist arrest, having recognized Kilgore’s voice when he rushed. into the house, and notwithstanding that faét was brutally beaten by Kilgore Who reduced* him almost to a state of coma and when de , threatened them with the same reatment and the further admonition that unless an automatic gun with which the first shots were fired was |? produced ,he said jhe would lock the whole bunch in jajl, including the baby. After he had been ordered to stop beat- ing Armstrong, it is claimed, by Sheriff Royce, he conducted @ search of the house for the automatic which the de- fense likened to a drunken man’s work, at the same time alleging that Kilgore Was under the influence of liquor. Subsequent evidence had a bearing on Armstrong’s allered confession, the claim that he was refused counsel and communication with relatives being fur+! ther illuminated by charges of threat§ ¢ mob violence and the claim that |§ ‘oore had confessed and Martin was | 4 id in an effort to secure an admission | ¢ guilt. Attorney W. H. Patten, county prose- R “A ae eo iF YOU were to die tonight. (speak in whispéis, we kiiow you don’t like to think of it): IF YOU were to pass out (of cotirse it’s gruesome to contem- plate). IF YOU were to “go west” (as you're bound ‘to do som day), : WOULD THE LARDER BE AS FULL TOMOR- ROW AS IT IS TODAY? It will if you provide a NEW YORK LIFE POLICY: TODAY’ r the scene of the shooting at four | % Others | $ were seen by the: defendants loitering | ¢ admonished by the little Martin girls to | 4 cutor at the time, testified adversely tol state witnésses fegariing this state- iment, réfuting thé alleged confession a3 indicated by- the jury’s verdict. | Prominent residents of Maryville, |Mo., Armstrong’s former home, testified ‘to his reputation there while other resi- dents who had known him here claimed no knowledge of information that he bore a “bad” reputation as charged by the prosecution. The evidence of Sheriff Pat Royce helped to substantiate the defense in that he displayed a faulty memory re- garding events having an important jbearing on other testimony that he gave. He was unable to remember that he testified-at a coroner's inquest until re- minded of the fact by close questioning of the defensé. He was likewise unable to produce the search warrant which | he said he possessed at the time and the former county attorney denied hav- ing instructed him to carry out such raids in the fiannet conducted. While clear énough on points of the shooting during the direct examination, Kilgore was backward, court attendants say, in replying to questions in the} crossexamination and jurors corifessed | to his having made no impression either of accuracy or of truthfulness in his evidence, The deputy especially detailed on the case testified that he Knew the liquor was there on the Friday night before! the raid on Sunday morning, indicat-} ing that plenty of titne had elapsed) for a search warrant to be issued*‘and for the raid to have been made in the day time. The jury’s verdict cofistitutes a severe indictment of ,the officers’ activities, YANK SEEKS RETURN OF BATTERED DOLLAR THAT PROTECTED HIM IN WAR This is the tale of a lost dollar, The: taxicab driver whe received it prob- ably thot his passenger waited until a dark night to “pass it off” on him. But the passenger—Hal P, Riney--- Watts it back. It is nedily wotthiess— in fact not worth even the 40 cents in an ordinary Casper dollar. But Mr. Riney wants it becfusé it saved him® from injury. While Riney was in France, a U. 8. marine—his buddy—gave him the dol- lar which was “un peso” in real San Domingo mority. The marine had tak- tn it from thé body of a dead bandit in San Domingo during marine opera- tions in that region. Riney was still in France when a cértain jagged point peirced his clothing, struck his pocket- book, but stopped when it struck the San Domingo dollar. Early Sunday morning after meeting the last Burlington train from the éast this week, Rinéy got into a taxicab. In the dark he gave the taxicab driver the San Domingo dollar. He still hopes this driver will return it to his office with the Midwest Refining company in the Oil Exchange building. Riney promises to pay a dollar for the dollar. pecs lore Srerlibl The first woman's hospital on the particularly those if charge of the raid gt wific coast was established in San Majors fell in the performance of his duty while obeying the instructions of a superior officer and along with other deputies and police was ‘naccountable | for what transpired. Casper will mourn his loss as that of an eminently respect- able citizen who was sacrificed thru ig- norafice of law and the obligations that proper observance of the statute entails. The county commissioners, after back- ing the peace officers to the limit of their ability in the interest of law and ordet, actept the verdict as a vindication of Armstrong's connection with the shoot- ing thru thé inability of these same officers to prove their case to the satis- faction of a jury of 12 disinterested and unbiased men. Francisco in 1875. After you eat—always use PATONIC (FOR YOUR _STOMACH'S SAKE zrone or two tablets—eat like candy. Instantlyrelieves Heartburn, Bloated Gassy Feeling. Stops indigestion, food souring, re eating, headachean: the many miseries caused by Acid-Stomach EATONIG is the bestremedy, ittakes the harmful acids and Riser ott out of the body and, of course, you get ——_—____. celebrated April 20, had her first terary- efforts publishéd when she was eighteen. Chalmers And Maxwells. That is, if Are successfu And what Will stop it. To drop in at , Will show you SALES AND You are fortunate. We will soon hav¢ Standard “Eights,” The railroad brotherhoods In determining what Caused the strike It might be wise “Spring Quarters,” 511 Yellowstone Avenue. William G. (Bill) Noonan, Service Manager, es oeRvICh well. Tens of thousands wonderfully Alice Cary, whose centenary is to be| benefited. Guaranteed to satisfy or money refunded by your own drug- gist. Costa trifle. Please try itl l what we have. ERY! 511 YELLOWSTONE AVE. RIG TIMBERS Phone 62._ Office and The Nicolaysen EVERYTHING IN BUILDING MATERIAL ee ie: A SPECIALTY | FARM MACHINERY, COAL WAGONS, GAS ENGINES Yard: First and Center, _ Lumber Co. | o A glimpse into two really great novels Tee new distinguished novels are appearing in Cosmopolitan. One is by Fannie Hurst, whose marvelous short stories have captured the admiration of the American people—another by John Galsworthy whose “Saint’s Progress” made such a tremendous impression when it appeared in Cosmopolitan some time ago. Begin them in the new Cosmopolitan which you can buy today. NN “Star Dust” now appearing in Cosmopolitan, one of America’s foremost woman writers tells of the futility of marriage without love: ec HO am I? Lily Becker. How do I happen to be me? What if I were Melba instead? What if Melba were fry- ing the sirloin to-night, and five thousand were coming to hear me sing in the Metropolitan Opera House? Albert—husband. What a queer word! Husband. Love. Hate. Lindsley. Lan- guage. How did language ever come to be? We feel, and then we tty to make sounds to convey that feeling. What language could ever convey: the boiling inside .. me? I must be a sea, full of terrible, deep-down currents and smooth on top. How does orte . know whether or not he is crazy—mad? How do I know that I am not really singing to five thousand? Maybe this is a dream. Page Avenue. Lena in the laundry. That sirloin steak being delivered around the side entrance by a boy with a gunny sack for an apron. Can I break through this—this dream into reality? Which part of me is here on this front porch and which part is Marguerite with the pearls in her hair? Bed-casters—they’re real. And Albert—husband—the rows of days—and nights— nights of my marriage. Oh God, make it a dream! Make it a dream!”—from “Star Dust” by - iia yee ke s \ wf N his latest novel “In Chancery,” England’s most distinguished novelist writes for Cos- mopolitan a story of the love and the desire of middle age: “PNHE kindly thought was not unmixed with the inevit- able longing to get something out of everything you dc, which is the chief characteristic of Forsytes, and, indeed, of the saner clements in every nation. Leaning back in a marquetry chair, and gazing down his uplifted nose at the sky-blue walls plastered with gold frames, he was notice- ably silent. Whether because he thad been too funereal or not, thé peculiar Forsyte build of his face was seén to the best advantage this afternoon—a long face with a jaw, which divested of flesh, would have seemed extravagant, a chilly face, though not at all ill-looking. He was feeling that Tim- othy’s was hopeless, and the souls*of his aunts dismally mid- Victorian. The subject on which alone he wanted to talk— his own undivorced position—was unspeakable. And yet it occupied his mind to the exclusion of all else. It was only since the spring that this ‘had been so, and a new feeling grown which was egging him on toward what he knew might well be folly in a Forsyte of forty-five. More and more of late, he had been conscious that he was “getting on.”— from ‘In Chancery” by Aifeiwnts “America’s Greatest Magazine” There are seven “‘Cos- mopolitan standard” short stories; four great special features and three distinguished novels in this month’s number of America’s -Greatest Magazine. ** Nearly everybody worth while reads Cosmopolitan”’ M. Gunnison MErt Chas bidet x yes eat: