Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-31
intelligent expression. He was neatly dressed
in black. lie had rather an anxious expression

IN Dlack. lie had rather an anxious expression
OF the face. and was very pale around the
mouth. He spoke in a quiet, subdued tone of
voice, almost sad. His wife and brother were in
tered. the wife showing considerable anxiety
when ne was closely pressed by Mr.. Buck with
the questions respecting the motive of the
shooting. The prisoner being sworn, said:
am the defendant; reside near Madelia; lived
there twelve years; am farmer; on Aug. Is
came IN from dinner; my wife came out ex-
cited.
He stated the circumstances as given by the
other Witnesses up to the time of his seeing
Barney Kempfer. He continued: I asked him
II he had made the arrest; he said he had; he
was in the hands Of the sheriff; said he had not
made complaint, but it would be all right;
said it was not all right; heard Mrs. Kempfer
tled.'' Kempfer few into passion,
l saw had hurt his feelings and walked away
from him; he came after me and said. captain,
let me explain; we got near Flanders hotel; he
said watch was lost, and the sheriff and de
ceased was looking for it; we went to find
them; met them near Cheney's residence; I
spoke TO MIR. Glispin and said, how
little girii he gaid he had asked
If he was ashamed; he said he was, ''but you
know how it is yourself" I said it was dirty
piece of business.
There is probably great deal / said 1 ion't
remember. said you out to be shot for such
actions as that; he made some reply; 1 asked if
he had done such things before; he said no;
asked if he ever looked down the muzzle
OF gun; was on the point of swinging up my
gun and saying, Charley. let us be going"
and was turning to my II ss when the gun ex-
ploded; I threw the barrel from me and down
ward; the sheriff jumped forward and grasped
the gun in front of me and Barney
Kempfer behind and commenced strug-
an accident. don't be alarmed 1 said the other
barrel was not loaded; said to Charley Kemp
fer, Charley, you take it, and the others i'm
mediately let go; repeated the words sit was
an accident, " two three times; saw de-
ceased lying by the fence; asked Kempfer to do
the best for him also said, some one go
Tor the doctor; some one started for doctor,
l turned to the sheriff and put myself in his
custody; he said, that is all right; people began
to gather around; again went to the sheriff
and said, IF you want me send for me, would
like to SO and attend to things az home, ("
ne said, all right, you can
go home; Charley Kempfer took up the gun
and went with me; got the gun on the 1st of
times before this time; I was justice of the
peace; did not say will fix
the damn cuss if find him."
did not see Haycroft; did not say before Clark
IF l find the man l will shoot the son of
b-;' made no threats; held the gun in front
u cocks, not behind nor hold of the guard;
ald not know who the person was who insulted
my girl.
For what purpose did you take the gun?
Mr.. Buck-I object.
Judge--For what purpose do you put the
question?
Mr.. Davis-It may become question of de-
gree,
Question put. | took it to use if necessary.
Did you intend to shoot that young man?
did not; don't know how IT went off. was
stacking that day; had a piece of oil cloth
pound around my knee, four feet long and
foot wide, five or six times twisted around the
leg above and below the knee; did not know
u the gun was on the cock or half cock; don't
bhlnk there was cap on the second barrel.
cRoss-ExAMINED.
Have been IN the cavalry; have drilled men
with carbines; don't know about the gun be-
ing cooked; carried it without knowing it
was cooked or not; if it was cooked
it was cooked at home: did not
Try to put the fire out on the boys clothing;
lid nothing myself; went off before the boy
was taken to his uncle's; did not make any
sign OF sorrow or express it.
Mr. Buck-Did you shoot that boy by reason
Of anything said by your daughter or wife to
you' No, sir, did not shoot him.
Did you shoot him for anything he said or
did to your grip did not.
What did you take the gun for? To assist
IN the arrest; should have certainly shot him
It he had attempted to run away; did not feel
anything catch against my leg when / moved
the gun.
JAN ToRsEN SWORN.
Was asked do you know defendant, and an
swered yes.
Mr.. Davis--What has been the general repn-
tation Of MIR. Murphy?
Answer, I think all right, as far as 1 know.
MIR. Buck--Don't you know he was accused
stutfing the ballot box?
MIR. Davis objected.
MT; Buck insisted that if it was admissible
TO ask such a general question of reputation
be had the same right.
Judge Dickinson had some doubts about the
objections and Mr.. Buck withdrew the aues-
lion.
A. Stone, Of Madelia; Thomas Mcdonald, of
Nelson; Mr.. Snow, of Riverdale, and George
Thompson, of st. James, were called AS to
and the defense rested.
During the whole day the court room was
crowded, and the early train from Sioux City
was delayed here till midday. The
passengers, including several ladies.
came up and quietly sat
through the whole morning sessions, intently
listening to the narrative as it was developed
by the evidence. The counsel were
courteous to each other
On both sides and even waived
objections rather than argue their points and
risk wrangle. Every person testifying as to
the shooting was put through a kind of manual
exercise with the gun to illustrate
their idea of the way the gun was carried and
its position when it was fired.
1afo 49,
that deceased was standing low down, while
the prisoner was standing on higher ground.
This was to show that it was possible
to inf1ict the wound with the
gun held low down, but in this they were not
very successful.
When MIR. Murphy was testifying the gun
was placed in his hands and he was requested
by bus counsel to stand up and show how
he held the gun when the shooting was done.
He also was asked how the oil cloth wrap was
placed around his legs. He said it was for
protection while stacking, and he Indicated
about three inches below the knee and eight or
ten inches above.
the idea that was desired to be conveyed to the
jury was that the gun in moving caught in this
cloth and was made to explode.
It was tried to be demonstrated that the
hammer might have caught and the gun gone
off, but if that had been the case the contents
would have been more likely to have struck the
prisoner than deceased.
The course of the wound showed that the
gun had been held at right angles to the body
and was very high up.
While these illustrations were going on the
large number of spectators became intensely
interested, and when the prisoner was being
cross-examined and Mr.. Buck pressed the
question so often and earnestly as to the mo-
tives of the shooting, the deepest silence
reigned and all eagerly waited for the replies.
When the prisoner came from the stand no
seemed considerably excited and nervous. At
ter the testimony upon general reputation and
the defense rested, the prosecuting attorney
consulted few minutes as to whether they
would call any rebuttal testimony, but finally
decided not to do so.
The judge then, turning to the jury, adj
dressed them, cautioning them against talking
to persons about the case. He said he cautioned
them esneciallY because he had been in form ed