The Stone on the Road Home

Two men had a dispute over business affairs. As they were walking back together to the place where they were staying, one of them picked up a stone about three inches wide, nine inches long and up to two inches thick, and struck the other on the side of the head with it, fracturing his skull. He was charged in federal court at Fort Smith with assault with intent to kill. The prosecution said the weapon and blow showed an intent to kill. The evidence was sharply disputed as to whether the injured man had a pistol and, if he did, whether he tried to draw it or made any such motion. The defence said the accused never meant to kill and struck in self-defence, believing his companion was about to draw a pistol.