Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-01

Prospect for a Trial Long, Hot
and Loud.
Tho trial of John William Oswald for
he murder of Patrick MoWeeney on the
light of Dec. 81, 1886, was begun Wednes-
lesday of this week before Judge McCon-
,ell. w. w. Erwin, the celebrated GRIM
nal lawyer Of st. Paul, Jas. F. O'Brien
and Col. Nash, of this city, appeared for
he prisoner, and Col. V. Warner. of
ILL.,, and J. F. McGee, of this city,
for the territory, assisting Dis
'rict Attorney Morgan. The prisoner
appeared in court Tuesday evening to
listton to the reading of the indictment.
He was somewhat pale, but was looking
bright and we'll, and, as was his custom
before the tragedy, he was very neatly
dressed.
Tho indictment sets forth in effect that
The said Oswald, in and upon the person
Of ono Patrick McWccney, then and
there in the peace Of the territory being,
unlawfully and feloniously did
make an assault, and with certain
deadly and dangerous weapon, then and
there held and being in tho hands of him,
tho said Oswald, towit: Acertain pistol
commonly callod a revolver, which said
pistol so held and being IA aforesaid,
was loaded and charged with powder
and ball, with premcdiatcd design to
effect the death of him, tho said Nc
unlawfully, and fol-
oniously, and Of his malice aforethought
did shoot and discharge the same at and
towards him, the said Patrick McWeeny
and bv means of said shooting and dis
charging of said pistol, and with the pre-
mcdiatcl design aforesaid, did then and
thorc wilfully, unlawfully and fclonious-
Is make and infict upon tho body Of
him, the said McWeeny, ono mortal
wound, whereby and wherefrom the
said McNecny did then and there die.
Wherefore tho grand jurors upon their
oa;hs do charge and say, that at tho time
and place aforesaid tho said Oswald did
take and destroy ths life of human be-
ing without authority Of law and with q
premodiatcd design to take the life OF
the PERSON killed, tho said McWeeny,
and in that did commit tho crime OF
murder.
Mr.. Erwin asked until Wednesday
afternoon to plead and his request was
granted.
PLEADS NOT GUILTY.
At2 o'clock Wednesday afternoon Os-
wa!d and counsel on both sides were
present; also very large attendance OF
interested and interesting spectators.
Oswa!ds father came into court crying
and took seat near his son. Counselor
Erwin waived the second reading Of the
indictment and entered a plea of mot
guilty" in behalf of his client.
The court remarked that the venirc OF
jurors being small, il would be the part
of wisdom to order special venire of
forty jurymen, and requested the sheriff
to so out Of town for the necessary names.
"And, Mr.. Sheriff, you will bo careful to
get the best men to be found, mon free
from bias and prejudice, as nearly as you
are able to judge Judge Mcconnell
then announced that the case would be
adjourned until $50 Thursday morning.
THURSDAYS PROCEEDINGS.
Court convened Thursday morning at
3 o'clock, the prisoner, accompanied by
his father, and counsel on both sides
being present. The work Of drawing a
jury then commenced.
Sam Wineman had formed and OK
pressed an opinion on what he heard on
the evening Of tho tragedy and on what
he read in tho newspapers.
w. &. Stoughton had formed an opin-
ion which could not be changed; chal-
lenged bv defense and challenge resisted;
ordered to stand aside.
w. J. Doyle might have expressed an
opinion. No reason in his mind why he
the case on the evidence, If accepted as q
juror. Challenged by prosecution and
ordered to stand aside.
Jas. Dumphy stated that he lived in the
northern part ofthe county; met deceased
once or twice; do not know the defend
ant, or his relatives or any Of the attor-
neys. He said he could try tho case i'm.
partially.
Pat Kelly was not acquainted with Nc
Weeney. Am acquainted with the de-
fendant; saw defendant at tho prclimin
Was introduced to defendants father at
the Beniam house a day or two ago.
Joseph Keogh had lived in the county
about Il year. Only knew McWeeney by
sight; also the defendant. Was not relat-
ed TO any Of the parties; could try the
case impartially.
Geo. Copeland said he was friend OF
Oswald's; have known him about two
years. Think / would be biased in bis
behalf. Dismissed.
NJ. II. Lynch had formed and OK.
pressed an opinion; think am
biased, but perhaps may not DO con-
scious of it at this time; knew Nc.
Weeney; have expressed all opinion
and have 1t now; it Is now present
with me. My opinion is Of the character
that could try tho case on the evidence
Defense challenged for actual bias; chal-
lenge resisted by prosecution; challenge
withdrawn by defense.
Jas. Mccormack was not acquainted
with either party or their attorneys, ex-
cept that he met Mr.. O'Brien when he
was electioneering. Can try the case
impartially on tho evidence.
J. G. Lamoreaux stated that he lives
at the east end Of the lake, and has kept
a hotel there. McWeeney stopped at my
place several times. Oswald stopped
thero several times. His father
stayed at my house once about two OF
throe years ago. have read of the case
and talked oft with the neighbors, bul
have not expressed an opinion that
know Of; think l could try 1t purely or
the evidence; have no Conscientious scru.
pies as 10 the infliction Of the death pen
atty in proper case.
John Brown-Lived about three miles
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