Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-05-24
OBSERVATION-DISCLOSURES
specially Reported Tor the DAILY alob
DUNHAM'S day.

DUNHAM'S# DAY.
Ev.a.ence for the Defense--Ju tfcatton the
At $50 yesterday morning the district court |
opened with the Durham. case. There was |
not 80 many spectators AZ on the first day,
owing, no doubt, to the fact that the scandal
nastiness would not be brought up, every al
fusion to it being ruled out yesterday. The
first witness called for the defense was
JOHN DUNHAM,
the defendant, who said he was wholesale
grocer, carrying on business on Hennepin ave-
nue.. Referring to the assault he said at 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.. Lamborn and j. Town;
the former sat down the other stood up; asked
if they came to see him; Lamkorn said yes;
asked If Town ever said witness got down on
hia knees and asked him not to tell any body of
the scandal; Town called witness Cd DIN
liar and took up his came to strike witness;
Witness took up an az Z handle and struck
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's; Barber took hold Of Lamborn and held
him; Frank called out, Hes got pistol
WAOuOo5 naAus AoA0 ~ 0WoyS oV Ao"V ~ seA uVA
him, and he went down, and then witness
kicked him. Frank said he had got the pistol
away from him, when : witness
said, ''Then let him mp" Town
called out before this several times
''I'll 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 truck; Barber went
aud unlocked the door to let him out: il is the
custom to lock the door every night after 6
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.
| When witness heard noise he looked round
when Town ran he struck the corner of = truck,
because witness heard it jingle; did not see
Barber or any person strike or attempt to strike
anybody; did not see RouA Smith take hold of
Lamborn in the private office; he was not in the
private Office at all; did not see him do any
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
there that night. Barber was at work for the
firm taking stock; johnson was there that
night; went away few minutes before Town
and Lamborn came; Immediately after john
son left witness said to Barber Tets quit;'
just then Town and Lamborn came in; do not
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 ate
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
mic nj 10 kho foL
from ToBn by Frank; did not strike OF kick or
assault Town in any way after Frank said he
got the pistol; witness said then .'let him go;''
Town did not say For Gods sake don't kill
me here;' he beloved considerably and when
let up ran as lively as man Gan. toward the
Lamborn and Town came in; wit
ness was busy, and told them 80,
and they asked when witness should be Ut lib
erty; said later in the day; Lamborn asked
how 6 o'clock would snit; witness said it
would; prior to this time witness had made q
i 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 made, but Mrs. Lamborn said she would
send her husband; this, witness thought, was
the reason Of Lamborn and Towns calling
i when Town commenced to talk it was very
loud.
Cross examination-The door of the Office is
6 feet inches from the desk; Town stood
about half way Lamborn sat at the right,
near the stove; they did not say anything
] when they came in; witness spoke frst-said,
Suppose you came to see me about that mat
ter of TOwn's?' LambUrn replied "yes.
Question. Did you hear Mr.. Lamborn say
that his niece still adhered to her statement
s. OBJECTED toy
Question: Did yyou hear him say the little
girl said SO?
Answer. Yes, 1 believe did
Witness then saida suppose you come
here to see what Town would say
about what Mrs. Lambora said. Witness ask
ed Town if he (witnessl ever went down on hi
knees and begged him to say nothing about th.
matter because it would ruin him; and Towr
said no, hut he would tell what be did say, ant
then he (Town) hesitated and said ''you said
you said'-and witness then said you're
liar, and making up lie now He thel
struck at witness. He put out the right foo
and took the cane in both hands: He STRUCK
quick; witness jumped back before he coult
strike and picked up an axe handle from TIL
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 mp witness knocked i
out ofhis hand got in two blows to his one; afte
hitting the club out of his hand did not strik
again till he drew his pistols then hit hin
again over the head,
! Question. Was the axe handle like this?
Objected to- and squabble ensued, Mr.
Hale INVITING opposing counsel that they were
greatly afraid of the axe handle.
Cross, continued.-Think Barber was ther
! when the pistol was produced. Lamborn 81
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 sail
nothing to Frank or anybody pre-
, or I'll shoot you;' said so three times; witnes
| struck him twice over the head and should
, did not strike him down; Frank threw hin
down; did not say anything when he wa
down.
Question. Did he groan? Answer. No, b
Question. What do you mean7 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 withou
: witness seeing him.
Redirect by McNalr-Prior to this time ha
you been warned that Town threatened you?
, Objected to by Hale; argued by Shaw an
4 McNair. Objection sustained by the court.
Question. Had you received information tina
Town was armed with pistol Objected t
by Hale.
At this point an attempt was made by Sha,
; to- browbeat the court, but without effec
Judge Young maintaining his dignity and sell
possession. Nearly half an hour was spent i
j argument, both by Shaw and McNair. I'll
a question was amended to show that witness ha
+. ! been informed within two OF three days of tn
:. occurrence Town armed.
:. Recross-It was the same dsy Johnso
u warned him; at the same time he cautione
Z witness to
e USE NO VIOLENCE AGAINST TOWN;
q he said Town was armed and advised witne.
. not to commit any assault on him.
). Question. We're you in the habit of lockin
: the door before you went home. Answer. Vi
e der peculiar circumstances; when any OF
i forv 70