Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-28


secured-Resume OF the Testimony
Finding the Injured Man-EndeavorinR
to Bring Out the Statement Made by the
IpJursd Man Before His Death.
Especially Reported for the Daily Globe.
FERGUS FALLS, Nov. 25.-The district court
resumed its session this morning (Monday),
and the case Of the State of Minnesota
against Walter S. Heathcote, indicted for
manslaughter in the second degree, was
brought on for trial.
The court room was crowded, the case
exciting much interest in this county. There
arc seventy four jurors in attendance, and it
is expected that more will have to be SUBJ
poened before the PANEL will be filled.
The prisoner is defended by W. w. Erwin.
John W. Mason and John P. Williams. The
State is represented by Edwin w. Wright,
county attorney.
A good joke is told on Erwin, the leading
counsel for tie defense. When Heathcote
was called up to plead to the indictment,
Erwin appeared with him. Two men in the
audience were talking i'll an undertone about
the prisoner; said one of them; "He is a
hard looking case" (Which one is it?,''said
the other. THAT one with the clean shaved
face, that looks like a prizs-fghter." He
had mistaken Erwin for the prisoner.
Heathcote is tall being about six feet high;
of spare form, bat looks like an active and
powerful man; he has pleasant counte-
nance, and looks anything but q man who
would commit the crime charged to him.
The jury was drawn with much less diff
Guilty than was expected, the whole panel be-
ing obtained by noon, when the court ad-
iourned for dinner.
Upon reassembling, the case for the prose
cution was opened by the county attorney
with an able and impressive speech, which
occupied about thirty-fye minutes in deliv-
cry. The first witness called was
SAMUEL GORDON.
Lived in the town of Deer Creek; knew
both prisoner and Barnes the deceased; lived
about two miles from Barnes and about the
same distance from Heathcote: is acquainted
with the locality. Witness described the
roads in the neighborhood and the location
of the guide-boards and fences; saw Barnes
at night on the Goth day of May last, at his
home; he was lying in bed; spoke to him;
he did not know me; he could not say any
thing intelligent; went there with DR.. Crom-
met; saw him the next morning; he appeared
about the same; he was very uneasy; spoke
to him; 1 stayed about half an hour in the
house; he was not conscious of my presence;
I went up to where he was hurt, and went
back and stayed few minutes
with him; have been acquainted
with Barnes about twenty years;
saw him the next day or that night, but am
not positive; saw him the third day; he ap-
peared to know me; saw him about the fifth
day; he was in bed; spoke to him, but he
was not able to hold any conversation; the
only conversation had with him was the
first night, that amounted to anything; stayed
with him the night before he died; he was
not capable of talking; I think he knew me;
he died about 20 minutes before in the
afternoon; have seen him sit up; saw him
eat broth.
JOHN MEADs SWORN.
Lived in Deer Greek last May; knew
Barnes; lived about two miles from him;
found Barnes lying near the road on tho goth
day of May; know the school house near the
guide board; found Barnes north of the
guide board; was horseback,
going north on the road; Barnes
was lying on his left side on
the right hand side of the road; his head lay
north; spoke to him; he made no reply;
his face was covered with blood; he breathed;
his hat was one and q half feet from him;
he did not get up; went to get Mr.. Carew;
he was working on the fence inside of the
feld it is 247 steps to where found Carew;
went back with Mr.. Carew, and he sent me
up to Gordon's to get team; Barnes
was still lying down; saw him get
up and walk about fifteen steps
and then lay down again. Stayed there
about minute, and then went after the
team; when I got back Barnes was gone:
saw Barnes half an hour after lying in bed
his face was bloody; saw two bruises on
his face, one over his eye and one over his
nose; he did not notice me: saw blood on
his hands; found six inches of blood on the
ground.
THOMAS cAREw SWORN.
Lived in Deer Greek last May; was working
for Barnes; ! was putting down the fence and
Barnes was hauling away the posts thai
morning; Meads, the last witness, csme tc
me and said Barnes was laying near the
| road: went with Meads; when I got neal
the guide-bosrd I SEW Barnes get up and
stagger about two or three rods and lay
down again; when 1 got to him he said he
| was dry, he wanted water; sat down or
| the grass and he laid his head across my
| legs; l stayed with him until MIR. Knight
came with the team; when Knight came, We
got him into the wagon and
took him home and put him
to bed; in going with the team we tried to
cross the marsh and the horses got mired
we got the horses out; the wagon stayed in
the marsh with Barnes in it; when help
came we pushed the wagon through the
| marsh; MIR. Knight went for help; stayed
with Barnes; he asked for water and got
him some in hat: he was unable to say how
| he was hurt; stayed with him and helped
him up in bed; he talked, but I could not I'M
derstand what he said; his face was bloody
| and battered
| JOHN KNIGHT SWORN.
| live in Deer Creek; on the Goth of May
was out on horseback, and saw Barnes team
running away; went after them aud caught
them near the marsh; got off my horse
and hitched them to tree, and then hitchec
my own horse: then took the team arc
came slowly back on the road and found
Carew with Barnes lying near him; assisted
| him into the wagon and drove toward
Barnes home; when We got half mile from
the suide-board to the marsh, said, (Which
side shall driver Barnes said, ssKeep t
the Left" the horses got down in the marsh
I unhitched them as fast as could, an
got them ont of the marsh, and wen
for help, several men came; Barnes sale
sdrive on two or three times; ne was upor
his knees; when we got him home we pu
him to bed and washed him and stayed unit
the doctor came; asked him several ques
tions; there were wounds on his nose ane
over his left eye and one near the temple; h,
bed good deal; stayed with him INIT
next morning, but did not stay up with him
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