Ogden Evening Standard | 1910-10-22 | Page 7 | Halverson Case is Dismissed

HALVERSGN CASE is dismsssed; I Judje Murphy Says There Appears to Have Eeen Considerable Provo- ! cation for the Assault on Fcjt Not Sufficient Evidence j of More Than Battery. j 1 1 . ; I The rase against Samuel llalveron aconl of (li- H .iiiil-riror electric 1 in", who was charge,) with ass. cult with I Jad!y weapon on .John Parr, the o-al j dealer, was ill;-; in I shi- in Pollen court I this morning ly .ludgo .1. D. Murphy. Tho testimony" of tho defense was I tv.n lo the court at u short .--ession ( i 1 J at s o'clock, when llalvers-on iiM.k tho stand in his own defense. According to tho complaint. Halvcr- iin, on October 12. maliciously struck i Farr In the face with the sharp point j of an umbrella handle, InflUtng a Kotlous wound in his victim's tomplo. Halvorson on tho stand Mvnrc that Parr had called him a number of vlb-names vlb-names and that ho and F'arr had each struck tho ,.thf r with thoir fists. .Iut n tho two men had turned to leave one aDOth.T tho coal dealer had, a.i I a part tr; hot. used a very unsavory appellation v hich caused Halver.son to turn and s-trt in the direction of , Farr. Farr also turned and Flirted toward 1 lal vi'ison. Tho llambergcr . aconl claimed that at ths juncture lie raU, d tho ..s.-d umbrella which ho carried arid that tho co:il jnan had ; run into tho point of the handle. In rendering his decision. Judge ; Murphy elated that tho evidence wim r somewhat conflicting and that there appeared to be considerable provoca-lion. provoca-lion. He said that, while tho defend- ant mlht he tried and possibly convicted con-victed in on- f tho lower court.? on I a c harge of assault and hat tery. or bat- j tery. tho evidence against Halvorson w a.- not sufficient to convict him ot j assault wlih deadly v. capon iis stated In the complaint and thut therefore he woui.J dismiss the action. j