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

Was in company with Mckee and
Storm yesterday. First saw Oswald in
Larimore two years ago; havo seon him
frequently In this town; but never moro
than passed the time of day with him;
have known Storm about three years; did
notknow that Storm was ut one time u
partner of Oswald.
peremptorialy challenged by the defense.
Frank Coykendall called and excused
by consent Of counsel for both sides.
Hans Ugland had an opinion, but has
none now. Has heard so much talk that
he has no opinion now. Has not talked
with Jno. McDevitt. Knows Col. Nash;
know Oswald by sight.
Ed Murphy excused by the court.
Wesley Fassett had formed an opinion
only from what he had read. Had met
Oswald quite often, but did not know
lenged by the dcfcnse.
Jas. Wylie had formed AL opinion, but
thinks ho could hear tho evidence and
consider the evidences; was acquainted
with Oswald, but not intimately. llnvo
no scruples as to the death penalty in a
proper case.
At twenty minutes past five tho jury
was sworn, and is composed of tho fol-
lowing namo gentlemen:
Jas. Dumphy.
Joseph Koogh.
Louis thinner.
Patrick Kelly.
Michael Lynch.
James Rookie.
William Elliott.
\. S. Pattie.
Jas. McCanna.
Con lsolnnd.
Hans Ugland.
James Wylic.
AN IMMENSE CROWD IN THE EVENING.
The court took recess shortly before
six o'clock until half past seycn. By
seven o'clock spectators began to gather
ut the rink, and before the ,ilno for tho
convcning of court, fully five hundred
persons were collected to hear tho open.
ing addresses of counsel to the Jury.
Shortly after court was called TO order
District Attorney Morgan appeared and
commenced his address by SEATING that
on the night of Dec. 81, 1885, in Boein2
L. Doyle's saloon in this city the defend.
ant John William Oswald shot Patrick
MoWeeney, He read tho indictment,
and called the attention Of the jury to
what would have to be proven under it,
He also stated in very plain and brief
manner what the prosecution expected
to prove. AT tho close of Mr.. Morgan 3
remarks, the prosecution announced
that ono witness would be called.
THE TESTIMONY.
Daniel Blue was called and sworn IA
witness on tho part Of tho Territory
Has been an engineer at tho elevator
here; was in Boeing t. Doylc's saloon on
tho night OF Dec. 81, 1885, about IL
o'clock; the defendant, VIM. Cowan,
Bob Boeing and George and Tommy
Potts were presents there wcrc abou,
seven Or eight persons there at the time
he entered; Jas. Flynn entered with
him; vol cntcrat the south end o! the
room; the bar is on the west: the do
fcndant was leaning on the bar and
Cowan was with him; they were drink
ing; did not notice any weapon IN o.
wald's hand when he entered, but five
or six minutes after noticed II revolver
in his hand; was about six or eight feet
from him; defendant fired shot into
the wall on the west side; man by the
name Of Davie WAS standing at the end
Of the bar; the shot was fired about five
minutes before McWccncy entered;
when he fired that shot into the wall
he walked up toward the end Of the
room and said he was going to turn him.
self loose; when witness entered Oswald
and Cowan were there, and Bob Boeing
was behind tho bar; Cowan was in his
shirt sleeves and Boeing held his coat;
Cowan said to Boeing to hold tho coat,
that the "stuf was there to pay for the
drinks; Cowan pulled Oswald back on
the floor and then lifted him up to the
bar; he did this with Kops, who was at
the piano playing, and Cowan said "that
is the way we take our friends up to
drinks" some glasses were broken at the
end of the bar; Oswald said he was go-
ing to turn things loose; McWeeney en-
tered, and Oswald went UP and slapped
him on the shoulder and said, "Come up
and take a drink with US, you Irish s.
OF b. Pat said, Don't call me that;
call me anything-cali me an Irish ras.
cal, but don't call me Il s. Of b"
Oswald then struck McWceney with his
revolver in the face, and McWceney
knocked him down; Oswald kind of
rolled over and partly raised himself
and fired three or four shots at McWcc.
ney, who partly raised his hands, backed
off into the corner, and fell on some
boxes and died; McWecney struck o.
valid instantly after Oswald hit him; Nc
Weeney advanced step or two when
he struck Oswald; there was moth,
ing to obstruct witness view; Nc.
Weeney did not attempt to follow o.
valid up when lie knocked him
down; after McWceney struck Oswald he
stood facing him with his fists closed
and when Oswald fred the first shot he
turned round with his back to Oswald.
and Oswald kept ON firing; lie fred
three or four shots; McWeenev walked
away from Oswald after the first shot;
Oswald snapped his revolver; and said
he would shoot him dead; Oswald was
then standing; he had arisen and had
followed McWceney; Oswald snapped
his revolver once at 31cWeeney while he
was retiring; McWeeney went as far Us
he could into the southeast corner OF
the room, and his head fell forward on
his breast: before his head fell on bis
breast and before McWeeney fell he said
BILLY you are wrong, you are way off,
McWeeneys face did not come in con.
tact with the boxes or anything when
he fell; he died in few seconds; think.