The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1884-07-24
KILLING THE wARps:
Recapitulation Of the Cass-An, Indicted
Man Turns States Evidence -seusa taon-
nj Taxtiuouv

man Turns states Evidence -SonSa tiou
al Testimony.
Special from Grand Forks, Dak:-Tne crime
forwhich twelve men are to be tried for thei
lives, one after another, is a sad one. The
trial will best be understood by rehearsins
some facts which are undisputed. Charles
Ward, aged twenty-five, and Frederick Ward
aged thirty, sons of DR.. E. p Ward, of j. v
farweH& Co, Chicago, were in April, 1855
managers of the TOWNSHIP of BARTLETT Oak.
and had few days before their death built a
shack on valuable claim between
Devils Lake and Creel City on which
one John Bell. hveryman III Devils
Lake. formerly of ST Paul. also had
Elliott, occupied the shack, and were attacked
by night party. The Wards were ordered
off, They refused The shack wac riddled
with bullets and Fred was shot down Inside.
Elliott and Charley Ward ran out, Charley fall
ing with several mortal wounds. Elliott was
permitted to escape after a severe beating.
Fred was dragged out and the shack ritled.
Their bodies were found exposed on the prai-
RE the next morning The father of the boys
was within the bar when the case was called
He and Col Harrington, whose son is de-
PENDANT have both silver locks. The oouns ell
were all present but Col Ball, who was called
to st Paul The jury was not complete,
and on motion of Deputy District Attorney
Pratt the case went over to Thursday morn
ing at 8 O'clock. The defense were ready to
go to trial with Ulna The counsel have de
clded to try b. W. Lair of DEVILS Lake, first
ia A WarI ,f
Cynthlana, Ky, who has been here for nearly
month
Grand Forks, Special says: A not unexpected
sensation in the trial of Lair was the testimony
of Dick Turpin, one of the defendants who
turned states evidence After finding the
Wards bodies, it was proved Fred was near
his shack lying on his back with hands clenched
and feet drawn up, and Charley near Bell S
shack, about forty rods away, lying ON his face
and shot In his back. Dick Turpin was pro-
duced and the indictments were both dismissed
against him, and he testified in substance that
on the night in question Ulne gave him shot
gun, Harrington got the team, and they all
drove down to Leopold's and got him, with
the discrimination of putting the
R wards of i'd the w. claim aim D Of
called Ward out Fred came tc the door. Bell
pulled him out and struck him. They scuffed
around Turpin saw Fred draw his revolver
and then Turpin shot Fred who ran away to
the shack, leaned against it and fell down.
The rest opened fire on the shack. Charley
cried out: 81 give up" He and Elliott then
ran out, and some of them followed Elliott
Charley ran by him within two yards, and to-
ward Bells shack. When he got near them
Lair, who was yard away from Turpin, got
down on his knee, took aim and shot Charley
down. Ledford cried to him to shoot Elliott.
who was running away. On cross-examina
ton he admitted signing statement in Moves
office, denying having a gun or being with
IN nifty yards of the shack. He
was told that would save him.
The rest had done the same under the promise
they were to have bail and not hair of their
heads should be harmed No promise or
threats had been offered he said, for this state
ment, but as about six others proposed to make
clean breast of it, he thought it would be bet
ter to tell the truth than to lie
The testimony of Elliott corroborated Turpin
In the main The additional light it gave was
that he had been engaged by Fred Ward to
move the shack from Charley's claim to Freds,
the same which Bell claimed. They got through
about o'clock the night OF the tragedy. Bell
had been there that evening. Mr.. Irwin tried
TO get out what transpired at that interview.
IL was ruled ont, however. This wit
ness testified that both the Ward
boys had revolyers. Chariey's having anivory
handle When Bell came up they were all in
bed There was loaded shotgun in the cor
ner, which Charley took and put on the bed,
having his hand on his revolver Some words
passed; Bell pulled Fred out, and they passed
from the door around the shack. There was
noise of pounding against the shack Charley
ran to the door and fired five shots with his re-
volver Retreating behind the door he heard
shot they opened fire on the shack He lay
down on the floor. Charley closed the door
and called out, I give up.n About sixteen
shots were fired through the shack He was
caught and beaten but let so. Did not know
any of them.
The evidence of the coronor's inquest was
offered and Gov. Bates objected Lair ap-
peared at the inquest and admitte d he was at
the fracas and heard shots fired. In the argu-
ment IN the morning during the recital of Tur-
pm DR.. Ward was deeply moved and sat bowed
with his face covered by his hands Col Far
rington was also greatly touched The defend
ant became deeply serious It is said other
prisoners will make statement similar to Tur-
pins
Grand Forks Special says: The event of the
day in the Lair trial was the opening for the de-
Tense by Erwin, which was mastery review
of the evidence adduced and the claim of the
defense that their clients were there in pur-
suance of their rights, and were assaulted by
the Ward boys, who moved on Bells claim
armed and prepared to take it by violence The
effort consumed an hour and half, and was
listened to by packed house. 1t made an in
clslve impression on the jury. The testimony
for the territory consisted of DIR. Lanes
evidence on the nature of the wound causing
Charlie WaSd's death
AS alread, ntimated, the defense will be the
justification. No attempt will be made to de-
ny the presence of any of the parties 1t will
be claimed that the Ward boys were claim
jumpers, and this claim was apparently valu-
able as a prospective Manitoba depot that Bell
lived on it eight months and was only tempo
rarily off, that the Ward shack had been
moved off before and the boys moved on it
that night, armed, and with threats to make it
hot for any party that would attempt to move
them
Grand Forks Special 11th:-The defense put
John W. Bell, one of the defendants, on the
stand, to prove his actual possession of the
premises in question He was permitted to
tell that he occupied the house the Sunday
named, but not to so into the question of title.
Nearly two hours were spent in argument up
on this question by Davis, Erwin, Van Amman
and Ball The court ruled all out pertaining
to the question of claim of right as the de-
PENDANTS expected. Bell related the interview
with Charles Ward about o'clock of the
night they brought on the shack, in
which he told him to leave: He then went to
Farrlngtons shack and Uline's, and gathered
the party to go and carry off the shack from his
claim He did not see any gun or pistol in the
crowd They got to the Wards shack after IL
p. M. He was told by Uline to do the talking
The rest were scattered around twelve feet
called, and told them he was prepared to move
the shack, and they should come out The door
opened and Fred stepped out with his right
hand on pistol
HE struck me with his left hand,' said Bell,
e'and warded the blow and advanced ON him
We tussled alongside the shack, humping
against it, to the window Five shots were
fired out of the door in about two or three
minutes, and the flashes were toward me. We
got around on the other side of the shack
There was a command to scatter out and shoot
in the shack There were several shots fired
Then Fred fell down in front of me with his
hands near me. After he said, MY God, I'm
shotn he never spoke nor moved. ~
Bells further description was of Elliott
pleading for life and Ulines saying, stDon't
kill this man." On cross examination Col Ball
subjected him to a severe test, and confronted
him with his statement before the coroner,
which were different. He varied some and
admitted some were false.
The defendants excepted to the land
title controversy being ruled out, on
the ground that it was public domain, unen-
closed, unsurveyed and subject to peaceable
occupation by any one choosing to do so, as
long as he did not interfere with the improve
hents of others, and that the question of tres
pass did not arise in the case. The evidence
fto1 loft r;1 no -