Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-08

valid said, "the d-n $ Of a b had
no right to strike me in the jaw" As
McWeeney was backing away he put up
his hands and SAID, "Billy, you are away
off," Oswald then passed into the back
room and asked John Taylor for a gun;
Witness next saw Oswald at the side door
of Requa's saloon; met the sheriff here
at the rink and notified him of the shoot
ing. When McWeeney fell his head fell
on his breast; witness Immediately went
out the front door.
Observation-Disclosures, Cowan
and Taylor were treating and drinking;
say how long before the shooting
it was that Taylor came in, but think it
was about half an hour. They were
talking about who should treat; they
threw Taylor oyer the bar.
Here followed a lively argument by
Mr.. Erwin relative to the condition Of
Oswald, Cowan, Taylor and others. He
claimed that it was a big drunk in which
the participants were having n good
time. The Judge called Mr.. Erwin's at
tention to the fact that the statutes did
not recognize killing as being I'm unpun-
ishable offense when done by a person
who was simply intoxicated. Response
bility ceased only when 1t was shown
that the murderer was in the throes of
delirium or was insane.
Continuing under the cross-examina-
ton the witness said when he came
from the back room he had a drink and
stood at the end of the bar; thinks the
knife scene was about five minutes be-
fore the first shot; Cowan, Oswald and
Taylor were at the bar, and witness took
a drink with them; Oswald then knocked
the glasses off the end of the bar; don't
know whether McWeeney was drunk or
not; McWeeneyg gave Il pretty hard blow;
he followed the blow up by advancing to
within three feet Of Oswald; the first
shot was fired about five seconds after
he was knocked down; Oswald did not
try to stab IL hit anybody with the knife.
Several objections We're made by the
prosecution to questions put by defense
tending to show that it W us ~ drunken
brawl; that it was the ordinary way of
acting in this frontier country; that it
isa common thing for drinkers to call
each other SIS of BIS. Mr.. Erwin
called it trough pleasantly"
Robert Bocing called by the prosecu'
ton. Am Il saloonkecpcr and was i'll
partnership with Ed Doyle ON Dec. 81.
1885; Oswald, that night after the shoot,
ing, went to witness and asked him for
Il gun; saw Il gun in his hand after he
regained his feet. but don't know rs he
did anything with it. Oswald snapped
the pistol once or twice after the shoot.
ing ut McWeeney, who vas %retrcatlng
from him; witness told Oswald he had
no gun; it was very shortly after Nc.
Wccncy dropped that Oswald asked fol-
the gun; saw McWccncy when he went
to the floor after the shot: he did not
fall very heavy; his back was toward tho
boxes; his head fell forward.
Cross-examined by Mr.. Erwin. First
saw Oswald in the afternoon about 4
o'clock. He took Il few drinks. Quite
a discussion arose us to what should be
allowed to be shown on the cross-cXam,
nation of this witness, and the cour
ruled in favor of the prosecution. De
Tense was allowed to show the circum
stances as to the swapping of the pisto
and as to the defendant asking for Il gun
Oswald was on the floor when he snappc,
the pistol and McWccncy was slandin!
up.
The prosecution Intercepted the wit
ness as to the swapping ofthc pistol aftc
the shooting, and as to the asking b,
Oswald for q gun.
The defense cndeavorcd to cross-cx
anime rs to other important matters
xvhinl tho ,n,,rt rof,,cnl a., ,1lnu, ,-,
numerous exceptions were taken.
George McDougall called and sworn
Is IS years old and hayc lived II Deyils
Lake pretty near three years; was in thu
saloon on the night when Pat McWcc
ney was killed; was there about two
hours; vas there when McWecney en-
tered; saw Il knife in defcndants
hands before McWccney came in
think it was II hunting knife
also saw Il revolver in Oswald's
hands; was coming from the back room
was fired; was there when McWeeney
entered; McWecncy entered about eigh
or ten minutes after Oswald stabbed the
knife into the counter; Oswald got his
arm around McWccncy'sneck or on hi:
shoulder and said to him, "Come up
you big Irish $ Of q b, and have q
drink with us" McWccncy told hin
not to call him that; Oswald said to hin
that maybe he thought he was toe gool
for them; Oswald struck McWeeneN
with the muzzle of the revolver; McWee
neyknockcd Oswald down. When Oswald
fell he went on his right side then part
ly rolled over on his left side and free
three Or four shots at McWeeney, wht
turned and went towards the southeast
corner Of the room where he turned ant
sort Of fell down against some boxes
Oswald asked Taylor in the back room
for a gun. He asked him what he wan
ted wit. it: and as witness went out II
side door he heard someone say he haC
killed his hest friend.
When Oswald fell lis feet were tire.
or four feet from where he stood. Nc
Weeney was about two feet from OSWALD
when he fired. Did not see any wcap
on in McWeeneys hand while he was il
the saloon. when the first shot wa:
fired Mcweeney stood with his right foo
a little in advance Of his left,
Cross-Examination-Has good mem
DRY of what took place there; could no,
say he was excited; he drank one or two
glasses of beer; shooting occurred a lit.
tie after IL; there were a good many
men in, and music and songs.
Questions as to defendant being drunk
as to whether there were fights during
the evening, ETC., ruled out by the court
Don't think what Oswald said to Nc
Weeney was said in anger; he said tina
to everybody;McWeene said to Oswald
he could call him anything else-ht
could call him a big Irish rascal; DOM
know whether the revolver struck hi: