The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-07-25
xrLL1na THE WARDS.
1scapitulation Of the Cass-An Indicted
Nan Turns states Evidence -sensa ton
al Testimony.


! al Testimony.
Special from Grand Forks, Dak:-Tne crime
for which twelve men are to be tried for their
lives, one after another, is sad one. The
trial will best be understood by rehearsing
some facts which are undisputed. Charles
Ward, aged twenty five, and Frederick Ward,
aged thirty, sons Of DR.. E. P. Ward, Of J. Y.
Farwen& Co., Chicago. were in April, 1888,
and had a few days before their death built a
shack on q valuable claim between
Devils Lake and Creel City, on which
one John Bell, liveryman in Devils
Lake, formerly Of St Paul Pa also had
Elliott, occupied the shack, and were attacked
by night party The Wards were ordered
of. They refused, The shack was riddled
with bullets and RSh was shot down inside.
Elliott and Charley Ward ran out, Charley fall
ing with several mortal wounds. Elliott was
permitted to escape after severe beating
Fred was dragged out and the shack rifled
Their bodies were found exposed on the prai-
;rie the next morning The father of the boys
He and Col Harrington, whose son is de-
fendant, have both silver locks. The counsel
were ali 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 wen. over to Thursday morn
~
go to trial with Uline. The counsel have de-.
cided to try B. W. Lair of DEVILS Lake, first
His special counsel is Hon. A. P. Ward Of
Cynthiana, Ky, who has been here for nearly
. month
Grand Forks, Special says: Anot 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 III Cherl Ra1l, 20
shack, about forty rods away, lying on his face
and shot in his back Dick Tnrpin was pro-
duced and the indictments were both dismissed
against him, and he testified in substance that
gun, harrington got the team, and they all
drove down to Leopolds and got him, with
Wards off the claim of
Bell Lair had rifle at Wards shack. Bell
called Ward out Fred came to the door. Bell
pulled him out and struck him. They scuffled
Ground 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
rase oa and " them M followed aS G Eio is
Charley ran by him within two yards, and to-
ward Bells shack. When he got near them
Lair Who was yard away from Turrin, got
down on his knee, took aim and shot Charley
down. Ledford cried to him to shoot Elliott,
SAooo-oAoAiAA1ln7
ton he admitted signing statement in Noyes'
office, denying having gun or being with
in fifty yards Of the shack. He
was told that would save him
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 cOrrnhora tod T1,r,,ip
in the main. The additional light it gave was
that he had been engaged by Fred Ward to
move the shack from Charley claim to Fred's,
the same which Bell claimed. They got through
had been there that evening. Mr.. Irwin tried
70 get out what transpired at that interview.
1t was ruled out, however. This wit
ness testified that both the Ward
boys had reyolvers;, Charley's having aniyory
bed. There WAS q loaded shotgun in the cor
ner, which Charley took and put on the bed
where he last saw it Fred went to the door,
having his hand on his revolver. Some words
passed; Bell pulled Fred ont, and they passed
noise of pounding against the shack. Charley
ran to the door and fired five shots with his re-
yolver. Retreating behind the door he heard
Fred say 81 am shot" When Charley had
down on the floor. Charley closed the door
and called out, 81 give up" About sixteen
shots were fired through the shack. He was
caught and beaten but let 60 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 he was at
the fracas and heard shots fred In the argu-
ment in the morning during the recital of Tur-
pin Or: Ward WAS deeply moved and sat bowed
rington was also greatly touched. The defend
ent became deeply serious. It is said other
prisoners will make astatement similar to Tnr-
pins
Grand Forks Special says: The event of the
day in the Lair trial was theopening for the de-
fense 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 assailed by
She Ward boys, who moved on Bells claim
ehort consumed an hour and a half, and was
listened to by packed house. 1t made an i'll
clsiye impression on tho jury. Tho testimony
for the territory consisted Of DR.. Lanes
evidence on the nature Of the wound causing
Charlie Wards death.
Grand Forks Special 11th:-The defense put
John W. Bell, one of the defendants, on tho
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 go into the question of title.
Nearly two hours were spent in argument up
on this question by Davis Erwin, Van Arman
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 9 o'clock of the
which he told him to leave. He then went to
Farrington's shack and Ulines, and gathered
the party to so and carry of the shack from his
claim he did not see any gun or pistol in the
crowd They got to the Wards shack after II
| p. m. He was told by Uline to do the talking.
The rest were scattered around twelve feet
from the shack He went to the door, raped,
| 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.
sHe struck me with his left hand" said Bell
"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 q command to scatter out and snoo
in the shack. There were several shots fired
| Then Fred fell down in front Of mo with his
hands near me. After he said, MY God, Tn
shot! he never spoke nor moved.
| The defense is all in the Ward case, and thu
rebuttal on both sides closed the 18th. Counse
/ for the defense Is preparing requests for in
structions to the Jury, which will be argued
Monday, 14th and viii consume all the day
The prosecution will give no Instructions, but
vii! reply to the requests, and have asked Ar
early copy. The evidence in the forenoon wa.
mainly given by the codefendants, Carpenter
McQueeny and Cole Huge McFadden testiAet
to conversation month before the murder
with Charles Ward at Bartlett, where Charles
| said that il he had been there when Creel',
party moved the Ward shAnty on the Bel
claim he would nave sshot the stuffing out o.
them" and he Was going TO move the shant,
back and hold tho claim, il he died for it
George Carpenter, sworn:
He was . druggist, twenty -fivo years old, and
saw the beginning Of the fray; was next L
floor o double -barreled shots gun moving about
Johnny Bell first spoke; called to Ward
'Somebody's inside;a Ward said, IAN right
wait a minute" witness told some Of the hoyi
there was gun moving about and they NIGH