Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-05-24
MINNEAPOLISNEWS
specially Reported for the DAILY alob
DUNHAM'S DAY.

UUNHAM - LA %
Ev,dence for the .-Justiacatton the
Plea.
At $50 yesterday morning the district court
opened with the Durham case. There was
not so many spectators Ms on the first day, l.
owing, no doubt, to the fact that the scandal
nastinesa would not be brought up, every al
fusion to it being ruled out yesterday. The
first Witness called for tho defense was
A JOHN DUNBAR,
the defendant, who said he was q Wholesale |
grocer, carrying on business on Hennepin ave
nue.. Referring to the assault he said 1T half
past six he and Barber were in the back office; |
saw two men coming in; he invited them to be |
seated; they were Mr.. Lsmborn and j. Town;
the former sat down the other stood up; asked
if they came to see him; Lamborn said yes;
asked if Town ever said witness got down on |
his knees and asked him not to tell anybody of |
the scandal; Town called witness . CD d-n |
liar and took up his came to strike witness;
witness took up an ak handle and struck |
Town over the head; Town drew y pistol
and witness struck him again; Frank then |
came in seized the pistol and struggled to get |
it; did not know till then that Frank was |
there; Barber took hold of Lamborn and held |
him; Frank called out, Hes got q pistol;' |
witness said, 'Take it away" ct last he struck |
kicked him. Frank said he had got the pistol |
away from him, when witness
said, IS Then let him up." Town
called out before this several times
Il III shoot you." Barber was holding LAM
born; witness told him to let him go and told
Lamborn not to be frightened, he had got
nothing against him; Lamborn was painting
and scared. Witness looked round and saw
Town had fallen against q truck; Barber went
and unlocked the door to let him out: it is the
custom to lock the door every night after 6
o'clock; do not sell goods after 6 . clock; Lam.
born did not take part in the fight, nor did
Barber; no one but witness and Town did any
striking; Town was not knocked
down. but thrown down by Frank
after he had exhibited the pistol.
and saw Town lying sprawled ont ON the truck;
when Town ran he struck the corner of \ truck,
because witness heard it jingle; did not SEQ
Barber or any person strike or attempt to strike
any body; did not see Rous Smith take hold Of
Lamborn in the private Office; he was not in the
thing; did not have any COM
versation with him about being there;
he was not there with my knowledge; the first
witness knew of Frank being there was when
he spoke about the pistol; did not say at any
time anything to Frank or any one about being
| firm taking stock; johnson WAS there that
night; went away q few minutes before Town.
and Lamborn came; Immediately after john
son left witness said to Barber s'let's quit;'
just then Town and Lamborn came in; do mot
know that Town got his wound by falling against
the triangular piece of the truck; there was more
blood there than anywhere in the store; there
| was about pint of blood there; did not At
! tempt to get any weapon till Town offered TO
| strike witness with his cane; the cane pro-
| duced is the same left by Town on the prem
| Uses; pistol produced is the same ~ taken
| hxyE n Hokr
assault Town in any way after Frank said he
got the pistol; witness said then s'let him go;''
Town did not say s.For Gods sake don't kill
me here;" he beloved considerably and when
let up ran as lively as q man can toward the
door; in the morning of the same day
ness. was busy, and told them so,
and they asked when witness should be ut lib
erty; said later in the day; Lamborn asked
how o'clock would suit; witness said it
would; prior to this time witness had made .
proposition to Mrs. Lamborn to meet Lamborn
| and Town in reference to the scandal; told
Mrs. Lamborn that she could satisfy herself by
coming with Town no particular arrangement
was madc but Mrs. Lamborn said she would
| send her husband; this, witness thought was
tie reason of Lamborn and Towns calling;
/ when Town commenced to talk it was very
i loud. =
Cross examination-The door of the Office il
6 feet 6 inches from the desk; Town stood
| about half way; Lamborn sat at the right
near the stove; they did not say anything
Suppose you came to see me about that mat
ter Of Town's7' Lamborn replied Eyes,
Question. Did you hear Mr.. Lambotn say
that his niece still adhered to her statement
i Objected toy 4s
Question. Did you hear him say the little
girl said 80?
Answer. Yes, I believe did.
Witness then said: l suppose you come
here to see what Town would say
aboutSwhat Mrs. Lamborn said. Witness ask
| ed Town if he (witness) ever went down on his
knees and begged him to say nothing about the
matter because it would ruin him; and Town
said no, but he would tell what he did say, and
then he (Town) hesitated and said "yOu said
you sail" and witness then said you're a
liar, and making up lie now" He then
struck at witness. He put out the right foot
and took the cane in both hands. He struck
quick; witness jumped back before he could
strike and picked up an axe handle from the
desk at the right; struck Town over the head
did not knock the cane out of his hand the sec
ond time he held the cane up witness knocked il
out ofhis hand ;got in two blows to his one; after
hitting the club out of his hand did not strike
4 again till no drew his pistol; then hit him
again over the head,
. Question. Was the axe handle like this?
. Objected to, and squabble ensued, Mr..
Hale twitting opposing counsel that they were
greatly afraidbf the axe handle.
4 Cross, continued.-Think Barber was there
, when the pistol was produced. Lamborn sat
where he could see all the time; no one had
their coat off. Frank grabbed tho revolver;
he was retreating at the time; wit.
ness was doing nothing; had said
vious to this; heard Town say, Let 60 of me
or I'll shoot you;' said 40 three times; witness
struck him twice over the head and shoulders
did not strike him down; Frank threw him
down; did not say anything when he wa
down.
Question. Did he groan? Answer. No, he
beloved.
Question. What do you mean? Answer.
Like calf.
Rous Smith was employed by the firm
there were four men besides Town and Lam.
, born; saw Smith after Town went out, no,
before; he might have been there without
witness seeing him.
Redirect by McNalr-Prior to this time hal
You been warned that Town threatened You?
Objected to by Hale; argued by Shaw and
! McNair. Objection sustained by the court.
a Question. Had you received information thai
Town was armed with pistol Objected t.
by Hale.
s At this point an attempt was made by Shaw
to browbeat the court, but without effect
Judge Young maintaining his dignity and self
: possession. Nearly half an hour was spent il
l argument, both by Shaw and McNair. Th
! question was amended to show that witness hat
. been informed within two or three days Of TIN
J. occurrence Town was armed.
Recross.-It was the same day johnson
! warned him; at the same time he cautione,
T | witness to
e. USE NO VIOLENCE AGAINST TOWN;
! he said Town was armed and advised witnes
e not to commit any assault on him.
. Question. We're you in the habit Of lockinl
: the door before you went home. Answer. On
Z L.