Hugh Moose pleaded innocent to attempted murder and his trial was set for later that year.
From the Arizona Daily Star, Thursday, July 4, 1968:
Alleged Duelist Pleads Innocent
A man accused of attempted murder in the alleged gun duel with another man in February pleaded innocent to the charge in Superior Court.
Judge Mary Anne Richey set the trial for Oct. 29.
Hugh Langtry Moose, 39, is accused of critically wounding Kenneth Lee Darris, 29, in a gun duel on Feb. 24, stemming from an argument involving the two men and Moose’s wife. Darris since has been released from the hospital and readmitted for further treatment.
The big question in a trial might be: Is it attempted murder when both men are engaged in the duel? They certainly both knew the risks of pointing guns at each other and shooting.
From the Star, Friday, Nov. 1, 1968:
Hugh L. Moose Acquitted By Jury Of Attempted Murder Charge
Suspect May Face Trial For Dueling
By ERNEST C. HELTSLEY
A Superior Court jury last night acquitted Hugh Langtry Moose, 39, of attempted murder stemming from a gun duel with another man over Moose’s wife.
Mrs. Moose, who chose to wait in the hallway while the verdict was announced, broke into tears when she heard the news.
Kenneth Lee Darris, 29, critically wounded in the duel on the night of Feb, 24, heard the verdict from inside the courtroom.
The jury of eight men and four women deliberated 2½ hours before returning a verdict of innocent.
Darris, of 3232 W. Tres Nogales Rd., chose to remain silent on the witness stand to protect himself from self-incrimination. But, on questioning from defense atty. William T. Healy, he admitted he had an affair with Moose’s wife.
Both Healy and Deputy County Atty. Stanley L. Patchell agreed during arguments that there was a duel. Moose also admitted it while testifying on his own behalf.
Patchell said a dueling charge may be filed against Moose. A conviction carried a possible prison term of up to one year.
Atty. Healy maintained the duel was “fair and square” and that Moose had the right to “protect his marriage and sanctity of his home.”
Patchell argued that Moose had “no right to self-defense, because he agreed to duel. We cannot prove that Darris even fired a shot.”
Moose, a State Highway Dept. surveyor, said he argued with his wife at their Thornydale Rd. home north of Tucson, then met Darris at the service station Darris operates and decided to “settle things once and for all.”
Together, they returned to the Moose home in Darris’ car, and went “up the road,” taking two .38 caliber automatics with them. After standing back-to-back and pacing off, each man turned, and Moose fired four shots with one wounding Darris, testimony revealed.
Moose drove Darris to the hospital after the shooting.
It appears there never was a trial or charge for dueling. If there was, it never made the pages of the Arizona Daily Star.
One might expect that this is the end of the story. One would be wrong. It would seem that Moose is a bit of a hot head when it comes to affairs of the heart.
