Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-01
when he struck McWeeney, but it was
in his left when he was on the A.or

when he struck McWeeney, but it was
in his left when he was on the a.or
firing
During the examination several oh.
jections were made by Mr.. Irwin to ques.
tions as being leading, which objections
were overruled BY the court.
On cross-examination by Mr.. Erwin
the testimony of the witness was not
shaken. Witness testified that there
were two things that he had spoken of
in his direct examination in this case
that he had forgotten to speak ofwhen
he gave his testimony before the maeis.
trate. They were a. to Oswald's saying
he was going to turn things loose, and
as to the glasses being broken on the
end Of the bar. After the shooting
Billy went to the north end Of the bar;
and somebody said to him that he ought
not to have done that; Oswald won't
around the north end Of the bar and
spoke to Mr.. Boeing.
YESTERDAYS PROCEEDINGS.
When the court opened Yesterday
morning Daniel Blue was recalled for
cross-examination by Mr.. Erwin. Wit.
ness gave testimony before Justice Wish.
art ut the preliminary examination; his
attention was called to the testimony by
its bcing read to him. A discussion
arose in which the counsel used pretty
lively language. Mr.. Erwin reminded
Mr.. McGee that they were not now be.
fore the land Office. Mr.. NcGee said
they were not before st. Paul police
courts. Mr.. Erwin then said that il
they were McGee would probably be
there; and McGee remarked that Erwin
would perhaps be in the lock up.
Another pare Of the testimony was
read to witness and he said that he did
not recall that he testified that the fall
OF Oswald was heavy. Witness testi6es
now that McWeeney advanced couple
OF steps and then stopped and stood
erect.
Ga redirect examination witness tes-
tilted that about the time of the tragedy
tn" defendant must have weighed about
1856 pounds, and was = muscular man.
AT the time Of the occurrence both par.
ties acted as quickly As they could, Nc.
Weeney probably weighed l75 pounds.
Frank Doty was called and sworn on
tho part of the Territory. Am practi-
cal surveyor and have had about three
years experiences; made a map Of what
was told him to be Boeing & Doyle's
about month ago; it is accurate; there
is second building connected by
small a'leyway; tho objects are correctly
located; the map shows the location
Of the furniture and the bullet hole.
Tho defense objected to the position Of
the furniture as placed on the map.
Fred ID Locke called by the prosecu.
ton, and testified that he resides in
Devils Lake; by occupation q farmer
chiefly; ago "a years; WAS in Boeing &
Doyle's on night Of Dec. 81, 1885; wAs
there about half an hour before Mo
Wecney entered; Oswald had weapon
in his hand before McWeeney entered;
also saw another object in his hand at
the time; it resemblcd spoon, but he
did no, know what it WAS Ut that time;
Oswald took his pistol out OF his pocket,
turned towards tho west wall, and fred
it into the wall; it was about ton min.
utes, as near as witness recollected, after
the shot that MoWeeney entered; Or
valid advanced about three of four feet
when McWeeney entered, and put his
hand on his shoulder, and said, "You
Irish s. OF a b., come up and haye
drink with me;" there were some other
words, but witness does not recollect
them; McWecney told Oswald that he
could call him an Irish rascal, but no
must not call him an Irish g. Of a b.;
Oswald told McWeeney that perhaps he
thought he was a better man than he
was; II short struggle took place between
the parties, and McWceney struck o.
wald and knocked him down; should say
it was about three or four seconds after
Oswald struck McWeeney that McWee-
nev knocked Oswald down; witness was
ten or fifteen feet north from Oswald
when the first shot was fired; nothing
between witness and tho parties to OBJ.
struct witness view; did not see McWee-
ncy in motion when first shot was fired;
was looking in that general direc-
ton; McWeeney did not, ~ wit.
ness saw, make any attempt to
follow him up, or put his hands
on him, or attempt to get down on him.
OswaId's body was diagonally across the
room; witness indicated that Oswald's
head was at the north end OF bar and
his feet towards the stove; he then indi.
Gated it was nearer the north end III bar
and some distance east OF it, and his feet
nor,heasterlv some distance west Of the
stove. McWeeney was south OF Oswald
when the first shot was fired; did not no.
tice any particular movement made by
McWeeney when 6rst shot was fired:
witness did not notice whether NcWee.
ney's fists were clenched or not; is posi-.
tive that three shots were fired: when
the shots were fired McWeeney com.
menced to move back Oswald regained
his feet and walked towards the stove
and stood between the wall and stove;
had revolver in his hand at that time,
and was holding it up; he had it pointed
towards McWeeney. Witness heard
some words used by Oswald, who said to
McWccncy that he would shot him dead
if he came near him. McWeeney said,
BILLY, you are way off," NcWeeney
then fell backwards into the southeast
corner; he lived very short time. O..
wald went towards the end of the bar or
behind, don't know which; h;he then passed
into the back room; Oswald said No
Wceney had no business to strike him;
some persons think it was Boeing who
said to Oswald that he had not ought 70
have done that; Oswald then went into
the poker room, which was used for
gambling or ginning; witness heard q
person ask Taylor for gun; thought he
recognized it as Oswald's voice; saw o.
wald after he regained bis feet and after
Il oshooting; witness was Watching Nc
Wceney Just after the shooting; Oswald
snapped his revolver just after he got up,
aa though it was on an empty chamber:
did not at any time that evening in that