Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-05-23
MINNEAPOLIS NEWS
specially Reported for tho DAILY {
THE DUNHAM CASE.

a Jury Obtained after Three Hours La
bOrtnO-The Evidence for the Prosecution,
all in-Openin0 for the Defense.
The great assault case, which has been town
talk for several months, came up in the dis
trict court Yesterday before Judge Young. The
case was called at 10 o'clock and it was l
o'clock before a jury was obtained. The fol-
lowing is the result of the picking by defend
ants counsel of panel of twenty mine names
A. s. Adams, Charles Bohannon, Washington
Pierce Isaac Dibb, George Galpin. Rufus
Roberts, j. r. Deerdolf, w. Moffat, j. S.Styles.
r. Burk, w. Christensen, e. Knettle.
Immediately upon obtaining jury the court
nd journed.
Itshould have been stated that the defend
ants asked for separate trials and the case of
John Durham was first taken up.
On the opening of court at 2:3O P. M, Mr..
Hale opened the case. and stated the facts that
tho prosecution intended to prove, and as these
will appear in the evidence it is unnecessary to
state them here.
JOSIAH TOWN.
Josiah Town was the first witness called. He
said he knew Mr.. Lambern, Mr.. Durham,
Frank Durham and Barber; had been in Dun
ham & Johnson's store; was there with Mr.
Lambern on the evening of the 18th of January,
at half-psst 6; found Mr.. J. Durham and 81.
Barber in the back business office; had been
there in the forenoon of Same day; Durham
said it was not convenient to talk the matter
over (matter objected toy, but if they came
down after clock he would SEQ them; went
down at half-past 6; Durham was in back office
standing in passage way from the desk.
Witness drew plan of the store, and showed
the position of defendant (Dunham). He con-
tinued: Mr.. Lambern said it was quite
to talk that matter over; that the children ad-
here to their statements then he repeated over
what it stated the witness had said; he.
Durham, denied telling witness not to say
| anything, as it would ruin him. Witness
called Durham liar, and Durham exchanged
the courtesy, when an ak handle was brought
| on the scene; he, witness, was struck with it;
| another blow was struck him from behind, and
| he was knocked down; this was in the store
outside the office; it was dark; was struck
after he was down, with the ak handle; recog-
nized the part who struck him from behind
| by his voice, as Frank Durham.
| Witness here described the way the first blow
| was struck.
| Witness had cane, and put up his arm to
ward off the blow; the cane was knocked out
of his hand; witness got up after being
knocked down, and went to the front door to
get out; the door was locked; some one
| let him out. MIR. Barber was in
the store when he first called Barber went out
soon after witness went into the Office ); after
getting out of the store witness stood on side
walk ; was taken to DR.. Kimball's Office +; Drs.
Hanse, Kelly and Goodwin were in Kimbalps
Office was taken home. Witness received blows
over the eyes, side of head, (shown) ten cuts,
on both legs, shoulder, arms and hands. MIR.
Lambern sat in his chair till the pounding
commenced he then made an effort to get in
between him (wltness) and Durham some one
| in shirt sleeves struck witness from behind
thought it was F. Durham from the voice
witness cried, For Gud's sake don't kill me /;
Durham was standing over him and pounding
him.
CROSS EXAMINATION.
Cross examined by M. G. Nair Cannot say
whether he got up or was helped up after being
knocked down do not remember tripping and
falling remember striking a truck but did
handle instantly after picking it up; had 8
pistol could not tell whether it was the first
or second blow which knocked the cane out o1
his hand, the blows came so fast; the cane was
an ordinary hickory with horse hoof carved
at the head; it was about three-quarters or an
inch; did not know if it was better to fight
with than an axe handle; the pistol was taken
away from witness by Frank Durham; did no,
see the mysterious fourth fellow; never saw
the store of Durham q Co. opened in the even.
ing for business; could not say who passed
the lie first; Durham might have said witness
was liar and he knew it; did not raise the
the cane and threaten to strike Durham; from
the place where he was first struck to where
he got up was about twelve or fifteen feet; a
| party behind him had hold of him and he was
struggling backward; drew tho revolver after
: he was down, and it was Immediately taken
away fir ,m him; have no recollection of saying
he would shoot; did not say he would shoot
, don't remember making any such stateme mt
. (cane produced and identified by witness); did
not go back for the cane Of
pistol and have, not seen i
till now; (plstol produced and identifed)
The riStO1 1Oado0. had fho mis- fol
paired before the assault; got 1T from the CUR
store a few days before; was in the habit Of
carrying the stick regularly of an evening
did not have it on the morning when he went
to Dunham's store; think one of the three PER
SONS named led him out of the store.
Re-direct-Did not attempt to draw the re
volver till he was knocked down; was in tn
habit of carrying the revolver; owned the can,
{ since year ago last September.
Re-cross- OBSERVATION-DISCLOSURES the reyolve
r in 1871.
JOHN sANBoRN.
John Sanborn sworn-Said he knew JOSEPH
Town, John and Fir ank Durham and d. r
, Barber; knew them on 18th of February last
e on that day went to store of Durham & John
son; had a conversation about an appointment
] in the evening; went down pursuant to tina
q agreement and got there about half past six
3 saw j. Durham and Barber there; as sool
Q as conversation commenced between Tow
Q and Durham, Barber went outs whe
Town called Durham liar he Durham, struc
him with an ex-handle, knocked the cane GU
of his hand and continued striking him till h
got outside the office, when Frank Durham, il
his shirt sleeves, struck Town on the head wit
his fist. Soon Town was down; could not ga
whether ne was thrown or knocked down. Wit
ness was standing in the doorway of the ofic
Q when Barber and another man caught him
q witness, on each side and held him, Barbe
n saying, 'Yon had better keep quiet;" could Sc
|. Town and Durham; the latter was striking an
r kicking Town; Town called out, For God
q sake don't murder me here" Town got u
e and some one let him out. He was knocke
q down close by the Office dool
: from t. Durham said to witnes!
n II have nothing against you and you ma
: CO." At this Frank Durham came up an
d said Il have got the pistol" didn't see an
Il pistol before that time; as Town went out Z
i than call me liar; he was then following hil
= up with the axe handle; when witness wen
!. out Towa was standing on the sidewalk and
f crowd round him.
: Cross Examined by McNair.-Was not muc
: frightened; the other man who took hold G
: witness had coat on, no beard. tall and slim
l. OF light complexion; first blow struck Town o
v the side of tine head ~the second blow knocke
r the cane out of Towns hand; Town first calle
and took up the axe handle; do not think
took it out of bundle; Durham did not hav
the axe handle till Town called him
liar; Town did not raise his cane ii
Durham struck him; Town asked Durham
he did not say. Joe, don't say anything abou
this for it will ruin me.y and he said he didn'i
: when Town called him liar; he went dow
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