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J Family Trouble Leads to Murder of Balls ton Woman By Outcast Son In LawLouis W. Davis Sends Bullet Crashing Into Brain of Mrs. Eliza J. Stewart In Presence of Her Husband and Daughter;Ben Agee, a Neighbor, Dangerously WoundedIn Monday Tragedy.►yr,c,idMurderer Formerly an Inmate of Insane Asylum, Said to Have Made Threats “to Get Woman He Killed; Stewart Has Furious Struggle With Slayer; Davis Secured by Neighbors and Now Awaits Action of Polk County Grand Jury.r-ii-pst-IV■t-1.1(i.r-i-et ic idii-jynfo-lic3de-iis«sd.triehene tie i in k,toy-rt.ilieiidliei is lie at*H.illOSftu-ti-i liftayoni.I-’ii-00e;iMOB8ice2Making good on various lineals which he is snidtohave utlered. 1.0ms W. Davis, recently an inmate of lhe Oregon State Insane asylum shot and instantly killed Mi's. Kliza .1. Stewart at her home in Ballston, shortly before 7 o’clock on Monday morning, and dangerously wounded Ben Agee a resident of that place.IS. M. Stewart, husband of the dead woman, and father of Davis’ wife, gappled with the murderer and held him until help arrived; and he^ was Inter turned over to Sheri IT (Irani and now occupies a cell in the city jail, awaiting the action of the Polk county grand jury at the next term of the circuit court which opens on Monday, August 4, in this city.Davis was committed to the asylum May 4. 1!)12 ami dismissed aa cured in October lt;»f Iasi year.Story of the Shooting.I.miis W. Davis was tlrsl wen in Hnllslon. on Hie occasion «»f bis Iasi visit, on Sunday night, and il is soul Hull lie spent the night in an old barn or hovel in Hint place. About i o’clock Monday morning be appeared at the Stewart home which is located in Hie outskirts of the place, on the Hnllslon-MeMinnvilln road, llis wife, from whom he was separated, mid who is a daughter of the Siewart’s, was living with her parents, ami Davis says he failed there lo see her and to endeavor to effect a rccone ilirtlioti. lb* met- her in the yard outride the house and fallowed her to t he hack door. Here he encountered her father, 0. M. Stewart. who ordered him to keep away from the house and not to enter. 1 nheed-ing this command, Davis entered the kitchen, following his wife. At llmt tin* Mrs. Stewart, mother of Mrs.lhivis* was also in the kitchen. Thinking to secure assistance. Stewart left- the house and went to the home of Ben Agee, n neighbor, and the two men returned to the house entering by the front door. They passed through the front room and the dining room and into I he kitchen where Mrs. Stewart ami her daughter were pleading with the enraged man to put awav his gull which lie had carried in his hand since a|-proaehing the house.Mm. Stewart is Killed.The moment that Agee, followed by Stewart, entered I be kitchen. Da vis who stood nearly opposite wiili his hack to the wall, raised Hi* revolver and begun aluHiting a* Agee.The hitter did not fuller, however, but rushed toward his assailant I jn^closely followed by Stewart. I hetestimony of witnesses at the inquest indicated that I hi vis shot at h*nsi four times at Agee during the timethat he was crossing the floor and,even then he fumed the gun upon Mrs. Stewart and fired one shot ather which took effect in her rightcheck the bullet ranging upward into mlt;her brain. She dropped to the floor, f||4|iustanlly killed. Stewart by this -time had reached Davis who wasfniggling with Agee and. using the revolver which lie had earned since 7:,1 he row first started, struck him over ^ the head inflating a painful wound |^5 and laying the scalp open for some inches. By this time Help had amv-1 g||«« A A - -- - - - —-- aftii IL. Toosse. was appointed by the court to serve as counsel for the prisoner. The prisoner, through his attorney, pleaded not guilty and was bound over without bonds to await the action of the grand jury.The weapon used by Davis in his murderous assault was a Colt’s automatic of 32 calibre. The chamber holds eight loads and the barrel one, and as there were still four unexplod-ed cartridges in the magazine. Davis must have tired five shots, three of which took effect in Agee’s body and one which brought death to Mrs. Stewart.Had Planned the Crime.There is abundant evidence that* Davis went to the Stewart home intent upon mischief. When first seen outside the house he is said to have Carried the gun in his hand, and all the time he was engaged in conversation with the two women ill the kitchen he displayed the weapon. According to Mi's, bavin, who told the entire story of the shooting \j the Observer representative, her husband declared that he had come there to “kill and they were endeavoring to induce him -to put up his weapon and go away peaceably when Agee ami Stewart entered the room. Mrs. Davis further stated that she did not know her husband was in the neighborhood and the tlrsl time she saw him was when he suddenly appeared at the house Monday morning.Had Threatened to Kill.It is also known that Davis had(Continued on Page Six)Sys*nmatOf 1 C\u thin stui inei ladiofsi ix* nun sir* nex suit 8 sea:noncosmilnixriiijmilofrunIrafitCMIIml hi-1 **• 1 ity »n-01-or .ir-rx-etrmlalterfin*ofaria*redm.tefifbareur,theof mu cm ttdipri Ihel KJI* Itar Ithelt;1 and I lie murderer was quickly 'inarmed and taken Ui a store up own where he was securely tied and nformat ion of the affair telephonedo IhOiKh .. ___ Ja-jIn reopouae to the wmmoiw Hbenff fohn M Grant. Coroner R. U « hap* nan. District Attorney D. II. I njohit, feputy Sheriff Henry Savory, Dr. A. t. SUrtrock and an Otervrr repre-entatiie left hv automobile fat laJUtnti «Hrrr an inquest was held it the Stewart dwelling under the di- r.,f reinm of Comnrr Chapman, and. 0f nth a jury composed of George H.|4mj ial!v Win. Fudge. Herbert Poynter. j ^ ferny Borier. William Carroll and ^C. F. Barnett beard the testimony of ftnlt;ritntwd examined by IHMnrt At- ftliontfr ( pc»hn Following thi* the jjMury bronjrht in a verdict to the effect ln# hat Kfitt J Stewart canoc to her ath a- 1 he result of a gutnhot jfcround inflicted hv I»ai» W. Ihrh. Baaed Over u Grand Jury. emiItori* wsi* arraigned before Jtwlirt ewi lardy Holman at 1 oVbwk yesterday gu iftcrnm charged with murder inlert b* ftiwl degree and waited prebmin1 f«i iry etafuinatron. Attorni-v Walter mi
Newspaper Details
Dallas Polk County Observer
Dallas, Oregon, US
Tue, Jul 01, 1913
Page 2
Full Page
Clipped by
Anonymous
USA 12 May 2022
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