Eureka Reporter | 1903-12-18 | Page 2 | Was Not a Murder

WAS NOT A MURDER REFLEX KILLING NOT A CRIME IN OREGON peculiar case in which one indian fell and struck another red man causing his death united states judge B bellinger dellinger has decided at portland ore that the I 1 lilling killing of a man by a reflex and wholly involuntary action is not a crime al though the accused may at the time be engaged in an unlawful pursuit the decision is said to be without parallel I 1 the ruling was made in the case of frank Winni shutt a warm springs indian charged with the murder of an indian policeman while resisting ar rest Winni shutt while under the in fluence of liquor was riding horse bad bael about the reservation grounds in a reckless manner two indian police men attempted to arrest him one seized the reins and endeavored to drag him hip from the saddle while the other went around behind the horse Winni shutt who was trying to cut the bridle with a knife suddenly broke loose lost his balance and fell back ward striking the other policeman in tuch such a manner as to kill him judge bellinger after hearing the evidence of the prosecution ordered the jury to return a verdict of acquit tal and discharged the prisoner