Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1884-07-24

Recapitulation Of the cass-Ar Indicted
Man Turns states Evidence ssnsation-
al Testimony.

-
Special from Grand Forks, Dak;--Tne crime
for which twelve mon are TO be tried for their
lives, one after another, is . sad one. Inc
trial win best be understood by rehearsing
some facts which are u~ndisputed. Charles
Ward, aged twenty five, and Frederick Ward
aged thirty, soma of DIR. K. p. Ward, OF J.. v.
Farwel& Co, Chicago, we're In Aprn, 1892
managers of the townsite OF Bartlett OAK
and had a few days before their death puita
shack on a valuable claim between
Devils Lake and Croel City, on which
one John Bell. a liyerYman IN Devils
Lake, formerly Of 81 Paul, also had
a shack. The night of April p they, with one
Elliott, occupied the shack, and werc attacked
BY a night party. The Wards were ordered
on. They refused The shack was riddied
with bullets and Fred was shot down inside.
Elliott and Charley Ward ran out, Charley fan
ing with several mortal wounds Elliott was
permitted to escape after a severe beatlng'
Fred was dragged out and the shack rihed.
Their bodies we're 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 a de-
fendant, have both silver locks. The counsel
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 20 Thursday morn
ing at Q o'clock. The defense were really 10
90 10 trial with Uline. The counsel have de-
cided TO try b. W. Lair Of Devils Lake, first
His special counsel is Hon. A. + Ward OF
Cynthisns, Ky, who has been here Tor nearly
a month. i,
Grand Forks, Special says: Anot unexpected
sensation in the trial OF Lair was the testimony
of Dick Turpin, one OF the defendants, who
turned stato's evidence. After finding the
Wards bodies, it was proved Fred was near
his shack living on his back with hands clenched
and feet drawn up, and Charley near Bell
shack. about forty rods away, lying on his STAGE
and shot in his back. Dick Turpin was pro
duced and the indictments were both dismissed
against him, andhe testified in substance that
ON the night in question Uline gayeh him a shot.
gun, Harrington got the team, and they all
drove down 10 Leopold's and got him, with
the determination of putting the
Wards off the claim OF
Bell Lair had a rife at Wards shack. Bell
called Ward ont Fred came 10 the door. Bell
pulled him out and struck him They scufied
around Turpln saw Fred draw his revolver
and then Turpin shot Fred, who ran away 70
the shack, leaned against ii and fell down.
The rest opened fire on the shack. Charley
cried out: II 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 q yard away from Turpin, got
Town on his knee, took aim and shot Charley
down. Ledford cried to him 10 shoot Elliott,
who was running away. On cross-examiDA
ton he admitted signing a statement in No,es'
office, denying having a gun or being with
in fifty yards Of tho shack. He
The rest had done the same, under the promise
they were 10 have bail and not a hair Of their
heads should DO harmed. No promise or
threats had been offered, he said, for this state
ment, but as about six others proposed TO make
a clean breast of il, he thought il would be bet
ter 30 tell the truth than 10 lie.
The testimony Of Elliott corroborsted Turpin
in the main. The additional light il gave was
that he had been engaged by Fred Ward 70
move the shack from Charley's claim 10 Fred's,
the sam which Bell claimed. They got through
about 9 o'clock the night of the tragedy. Bell
had been there that evening. Mr.. irwin tried
IL was ruled out, however. This wit
moss testified that both the Ward
boys had reyolyers. Charley's having an ivory
handle When Bell came up they were all in
bed There was a loaded shotgun in the cor
ner, which Charley took and put on the bed,
~ ho WV %" ~ AANh WIFI w AAAN hNNbA
having his hand on his revolver. Some words
passed. Boil pulled Fred ont 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-
yolYer. Retreating behind the door he heard
Fred say 81 am shot When Charley had
shot they opened fire on the shack He lay
down on the floor. Charley closed the door
and called out, 81 give mp" About sixteen
shots were fired through the shack He was
caught and beaten but let go. Did not know
any Of them.
The evidence Of the coronor's inquest was
offered and Gov. Bates objected Lair APP
peared at the inquest and admitted he was al
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. Ii is said other
prisoners will make a statement similar to Tur,
pins
Grand Forks Special says: The event o; the
day in the Lair trial was the opening for the ds,
Tense by Erwin, which was a mastery review
oLthe evidence adduced and the claim Of the
defense that their clients were there in pur-
suance OF their rights, and were a-sa;lnd by
the Ward boys, who moved on Bells claim
armed and prepared to take IL by violence. The
effort consumed an hour and a half, and was
listened TO by a packed house. 1t made an in
cisiye impression on the jury. The testimony
for the territory consisted Of DIR. Lanes
evidence on the nature Of the wound causing
Charlie Wa.d's death
As already animated, the defense will be tbs
justification. No attempt will be made 10 de.
ny the presence of any OF the parties. 1t will
be claimed that the Ward boys we're claim
jumpers, and this claim was apparently yalu
able as a prospective Manitoba depot, that Be,
lived on il eight months aud was only tempo.
rarily OF, SSlat the Ward shack had beer
moved OIL before and the boys moved on il
that night, armed, and with threats to make il
hot for any party that would attempt to mcye
them.
Grand Forks Special 1ith.--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 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 night 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 10
Farrington's shack and Ulino's, and gathered
the party to go and carry of tho shack from his
claim; He did not see any gun or pistol in the
CROWD Ihey got 20 the Wards shack after IL
p ia. de was told by Ulhic 10 do the talking
The rest were scattered around twelve feet
FROM the shack. He went 10 the door. raped
called, and told them he was prepared TO move
the slack, and they should como out The door
opened and Fred stepped out with his right
hand on a pistol.
'He struck me with his left hand said Bell
and yssaed the blow and alyanced ON him
We tussled alongside the snack, bumpine
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 cOmmaDd 20 scatter out and shoot
IN the shack. There were several shots fired
Then Fred fell dow in front OF me with his
hAnds near me-. After he seid. NV God I'm
shot! he never spoke nor moved"
Bells further description was Of Elliott
pleading for life and Uline's saying, Don't
Kill this man." On REORGANIZATION Col Ball
subjected him 20 a severe test, and confronted
him with his statement before the coroner
which were different He varied some and
admitted some were false.
Ihe defendants excepted To the land
ttie controversy being ruled ont ON
Inc ground that IL was public domain, unen-
closed, unsuryeyed and subject 10 pesceable
occupation by any one choosing TO do 20. as
long as he did not interfere with the improve
ments Of others, and that the question OF tres.
pass did not arise in the case. The evidence
Tor the defense was abridged greatly. The az
torneys, however, have adroitly argued ihese
questions in the hearing of the Jury. and tbe
affa1f ~ tla,. "N wy