The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1884-07-24

Of The shack; NV Charlie fall; doe't Rink hs
stirred afterrard; atthat tin8e Lair had nogun;
he didn't ale then; Richard Turpin I did not
Witness showed on the map how b ran
coming round and falling near the east side Of
He vas q tho inquest; did not eco the pis-
he did mot see Lair have pistol nor gun; the
only gun saw was in tho shack; went with the
party from tho Headquarters building; there
were three or four little parties; did not see
any weapons in the hands of any Of our parties
from the time Of going there to coming bach;
coming out Of the shack; he was told to
throw mp his hands; he threw them up, and
Col Uline said:
s:DoN'T SHOOT THAT MANI"
I did not know any man was going to sho OF
him; was thirty or forty fest from him.
ssa as!a SSas S Sere 9 %sr: ~; oeg,
they were Of the same party: There were no
front Of the shack after oil was over: Led6eld
wanted to take it along. Uline told him it was
not his and he should let it alono.
statements made in his affidavit before the cor
oner, and said he was not correctly reported
by Powell. who wrote the testimony This
was the complaint of others who had made
statementa
P.s s2e9assRy smother ,ss ant :,$;
shack when Bell called
Ecu said; .Helle, Ward"
do you want!,'
Bell told him he came prepared to move the
on his hips and said: "You s.n of b., I'll
down you hrst!" Bell and he then scufled, and
Charley Ward caMo in the door and shot five
times. He hit me in my arm
Witness took of his coat and showed the
mark Of the wound on his right arm, showing
struck.
I did not speak 1T once till felt the pain,
when / told the boys was bhot Invent about
sixty yards from the shack to Uline He gave
me : handkerchief to bsndage up my arm. To
the time of this shooting not one evil word was
Cross examined, witness said
None Of our party had guns. heard the
command to scatter and fire into the shack.
do not know who gave it There was half .
s6os struck sSo r ras
. second till felt blood and told the boys was
when I went to thine, southeast
of the shack, when he gave me
handkerchief to bind my arm; Uline walked to
the party; !w.s sixty yards away Ty; did not zee
ming east; did not see any run to Bells shack,
or fall; on the way going up heard some one
say II think some Of the boys were killed" first
was sure some Of the boys were shot the next
morning.
was admitted Rebuttal testimony before the
coroner was admitted under an exceptional.
An offer to prove the declaration Of Fred Ward
to United States Receiver Anderson shortly be-
fore his death Of his purpose of going on Bells
claim, was ruled out by the court The jury
ceive neither spoken nor written communi-
cation and to promptly report any attempt to
communicate with them.
The greatest legal efforts ever witnessed in
North Dakota are those seen and heard in the
Ward cases The prayers for charges EN-.
self defense, weight Of testimony, credibility of
witnesses and reasonable doubt The special
position predicated on the theory Of the de-
Tense, that they went to the Ward shack only
with the intent of removing trespassers viii
appear in the SECOND request as follows:
crowd with intent to wound or kill any of its
members and before any act of violence by any
Of said crowd, without previously communi-
eating to such crowd any request to depart.
such firing was unlawful and felonious and
injured to An extent sufficient to prevent the
Offense, or by any other person in defense of
the person to be injured to the same extent,
provided that the force of violence used in so
resisting was not more than sufficient to pre-
vent such offense; and if by means Of such re-
sistance Charles Ward was killed, it was done
in self defense and was justifiable.
On the point Of threats they ask the follow
ing, in order to determine who made the first
assault:
The jury may consider the testimony of the
Ward before the fatal collision, even if such
threats were not communicated to the defend
ant or heard by him.
In regard to DISQUALIFICATION directly in the
killing, they ask the following:
If it ID not proved beyond . reasonable doubt
is a reasonable hypothesis raised by the testi-
mony that the fatal shot was fired 6y some 9th
er person than the defendant, then You must
acquit him.
In reply to this Wallin, for the dictrict At
torney, maintained that the principles of self
defense were inapplicable to this case and the
defendant was not entitled to instructions up
on that law: Mr.. Van Amman further replied,
reviewing the facts as proven, and admitted by
the defense themselves. He held that what
ont and was flying, for his life was immaterial
He denied in toto the position taken by the coun-
sci for the defense, and said he was sure his
honor would not be induced to participate in
the attempt to give the jury an excuse to shield
the most dastardly and unprovoked murder on
invoked by this armed band of twelve against
two persons. Gov Davis briefly replied, say
ing that the learned counsel in effect asked the
court to do what it had no power
to do under the consttution-take away
the question of fact from the jury;
whether the facts and circumstances in this
case did not entitle them to inquire into the ap-
plicabillty of the right of self defense, and TO
instruct them substantially that they must find
the defendant guilty of murder. The argu-
b@ the vas for the
being density packed with ladies, almost to tho
exclusion of lawyers. He was responded to
by Wellington in most subtle and caro-
full two hours speech, in the course of which
he alternately held Dick Turpin up as . model
of courage and of cowardice, and as q teller Of
truth and blackened perjgrer and assassin,
as it best suited the exclamation OF that
nights transactions. Tho defendant broke
down, while some of the jurors, especially .
few susceptible ones were moved to tears
The efforts of Van Arman and Davis were
for its familiarity with every legal principle,
and the latter's for the ingenuity with which it
clothed the weakest points of the defense and
made them appear towers of strength. Balls
effort WAS also strong one, and as usual
had great weight with the jury:
In repelling the argument on the assumption
that the settlement of the Northwest had been
attained by many bloody ARRAYS, he said that in
practice Of sixteen years he had not heard Of
but one case beside this in which homicide
was committed in land dispute in the North
west
Judge Hudson charged the jury At great
length, defining homicide and it's different de-
grees He affirmed some Of the n0inta If the
defense, but on the land controversy and self
defense principle involved, wholly overruled
them His instruction was as follows:
Tho controversy between Mr. Bell and tho
Ward boys over this claim is not involved in
You could not adjust it il you should attempt
it. Whatever the merits Of that controversy
may have been cannot now affect the guilt or
limo ,ence of this defendant and cannot in any
event furnish = justification or excuse for this