The Ogden Standard, September 24, 1913
Jury Says Gutke Is Not Guilty
Oscar Gutke was found not guilty of the charge of striking H. L. Herrington by the jury in the case, the hearing of which required practically all yesterday in Judge W. H. Reeder's court. The verdict was reached late yesterday afternoon after the jury had deliberated but a few minutes.
The testimony of the prosecution was to the effect that Gutke had struck Herrington several times when the two had engaged in a dispute resulting from the switching of some cars on a siding near the Utah Canning Plant, September 18. According to the testimony of Herrington and William Long, a can inspector, a switch engine had bumped into some cars on the siding. Gutke claimed that warning had been given and Herrington contradicted him.
The argument of the defense was that Herrington had provoked Gutke by cursing him and that the uncomplimentary names given to Gutke by Herrington enraged the switchman. Gutke also claimed that Herrington seized him by the coat before he struck.
http://chroniclingamerica.loc.gov/lccn/sn85058396/1913-09-24/ed-1/seq-7/
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