Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-08
MANSlAUCHTER.
That is the Verdict in the Os-
wald Case.
A Motion Taken for a New
Trial.
If Denied an Appeal Will
Follow.
Oswald Going to the Grand
Forks County Jail.
Report Of the Testimony and
Arguments.

The lNTER-OCEAN went to press last
Friday evening at the close Of that day S
session of the district court. A careful
resume of the evidence and the proceed
ings taking place since then has been
made and is herewith presented.
When the court opened Saturday
morning the jurors appeared clean sha-
ven; the judge wore II large wild rose
plucked by his own hands from the
virgin prairie, Col. Warner wore his
usual happy smile; Attorney MCGEE
eyed the judges bomo,,aitr and twisted
the corner of his moustach; District At.
torney Morgan looked sleepy, from the
effects of sitting up with the grand Jury
DIR. Erwin slapped the INrER-OcEAS on
the back and said, "By gad, it's awful
james Doyle called by the territory and sworn
was in Boeng D"ye's saloon nigh, of Dec 81 1856
went in there with Dan Blue about ten minutes befor,
the shooting SAW defendant Oswald there during that
ne saw no weapon in his haln defendant state tina,
he was going to turn himself loose
Cross.rNammation 10y Mr. Erwn.-it was after III,
shot was fired into the wall that he mad, that state
ment il was the next day that he told any body Aiou,
this statement: told his partner. Alex tamlml did moi
know Oswald; know MrWeeney l,y sight; did not think
Oswald WAS ont of til" way regards drunkenness.
On redirect examination witncs. testified hat he saw
rev Oliver IN defendants hands wien the shot tired
int" the wall: il was about minute after the shooting
that McWesncy entered; told Mr. Morgan about tLi-
y'etcrtlay evening.
Jnu A. McDongtll called by the prosecution: r..id.
in Devils Lake At present; in Boeng 4 Doyl.s ss
oon on the night of Dec 81 lss5, when McWoenry WA.
shot was in tn. back part Of the saloon when McWer
hev entered saw weapons i'll Oswal,l's hand etur. Nc
Weeney entered; SAW knife which he ,talillc in
to the counter; then Oswald with revolver whcI
he fired into the west wall when MrWeen"y cntcrc.
Oswald went up and put his hand On MrWe erney'
shoulder and said, You Irish ofa D. come II,
aud have a drink with us" They walked up to TIN
bar aild leaned on it. McWecnsy said. Don't call n,
that you call Irish rasca but pleus. dom
call me that" Oswald said well that's what Won are
and he hit him with his revolver in the fac. and the
McWecney knocked or pushed him down; Oswald fel
Oh his right sdc then rolled over OH his left and
ucced to fire. hr fired two Shots after the hrs
4 shot New eeney turned from Oswald and went south
weet OF the sovs he turned and Just before he wen
down he raised his hand and SAIL billy yun are wa
/ on
| Characterization ly Mr.. Erwip-Was sworn bcfor
the coroner and swore that Pat followed hin, M an
stood over him and Oswald fired believes he swore bs
fore the coroner that McWoeney stood still testiniou
read over to Was before the n,ayis
swore before coroner to Os wahs drawing pistol Will
Oh the floor, Testimony shown himj it is not there bu
4 .
good time before McWceney entered the saloon testi
fed here that Oswald struck McWecnuy in the f,re will
his revolver.
Mr. Erwn-Wrrc you ask ed this ,,,,.stiou before IN
| magistrate hy Mr.. McGee: "Do You know wlsther .
| not that revolver struck McWeeneys face - and die
| you not II could not say.
| WitueSs-l could not say whether answered tina
| way Or not.
MIR. Erwin.-Why can't you remember.
witness can I say simply because dsrcIncn,le
| Can't swear positive that did
l had mot Ind |, J.,l
examined before Justice Wisialt: witness denied tu
he wanted I" cva'ie promise to this wav wit
| ness said he would swear Oswald slapped McWecne
on the face said he testified then fbefr. tho ,napi.
trac I" the truth for the thing fre-, in hi, mem
Dry. McWeeney followed VI, after Oswald very close
but he was not very close when he following him
it might have been foot two; Oswald wa. tr wing
put his revolver into his pocket when l, went down oil
I'll. floor witness thought he had perfect memory o
what took place there lie made statement before IN
| coroner; it not by question and answer Mr n,
| Gee may have asked -onl.: questions
Vim }. Hurst called and by the Prosecution
| Was in ltoing 4 D"yles saloon the nigh. Of Dec
81 1885, wa. there the last tim. between 10 aud |
| O'Clock; went there at notice from McDougi,Il; 90
there just they were lifting him from the floor a,
dertaker took charge u the body tler. WAY s,na
three curerel abrasion Of the skin the face u,,l
the left eye: found wound in the left breast alu,
two inches right Of the left nipple wound on hin an
one in the back They were bullet wounds; they wer
fresh and the one the back bIed badly. Clothes
McWcency proiCcly. Took them OH Nc Wccury's bod
and have, had possession Of them every since. UInI,
in the clothes shown; the stains the shirt and N
derclothes ofere,! to the prosecution in evidence
Cant say how soon got the body after the ,hootn,
they just raising it from the floor us came ii
| found no weapons on McWccney except u very suln
| pen knit. which gave Ia Mrs McWecney; also f,uu
watch and chain, few small oI-fashioIeI pieces ,
coin: bullet found inside the pants and drawers ne,
his skin, bullet proJucedj found ulfa pint Of viii
Ky in his hip pocket.
by the Judge Found pen knife in hi, pocket; L nil
| va. shut.
II. C. lInlsbrough called. Am editor and publish.
Of IN1EROcEAH. Was at the old settlers dane. in II,
evening. Went TO Eoeing Doyle. saloon after til
shooting of McWeeney; WAS close to McWsencys'. bod
saw a small wound on his left cheek; wound almu
square onequarter inch wide hve-eight. inch long;
appeared u be fresh; was flowing little blood Sa
McWeeney aLon, fifteen twenty minutes before tn.
| time. Md not notice any such wound on hi. fare .
that time
John F. Cowan called and t.-tified that h.
principal Of the public schools; identified copy Of III
evidence before the c,roner which he took - clerk
the jury questions asked by Attorney Mc1;ec an
the coroner took only the substance Of the testirnpn,
Thos. H. Sheckler resides in Devils Lake: is paste
Of the NJ T. church in this place, the reinuins
Mc"e th're was small wound. cnt or bru,e 0
the left cheek.
VIM. T. o'DonneI called by the prosecution Is
physician and surgeon has practced medicine abol
tw.ny-seven years; made the postlnortcn examinato
on deceased found three wounds, the hip was
flesh wound and WAS proted about nine inches A
th. point the witness refused To give expert tcstiuon
without pay. The juig. directed him to proceed an
the allowance would be made. The wound was supe
fetal The second wound was opening just beneat
the sixth rib four and quarter inches from and
the right Of the nipple. There AN opening in til
right yentriclc Of the heart, circular and ravye
opening. Did not know what caused the wound in iii
heart. There blood in the region Of the heart III
heart sack was filled with cutted blood Dr. Rug.
did the probing did not know whether the prot
passed easily into the heart The heart wound va
necessarily fatal Death resulted from heio,r,aye
the heart There slight abrasion on the le
cheek.
| Cross-ex ainned by Mr. Erwin-There wa. echynos
Of the heart wound. Tie cheek wound was an abr;
sion; not made by direct blow: there was no col
tusOn; couldn't give an opinion to the cause Of I'll
l rent in the heart.
and remarked that the defense would probably ca
him AZ their own witness in the afternoon
| DR.. G. e. Ellis called BY the prosecution IIa
studied medicine four years. assisted the post
examination; saw the heart Of McWeeney. Mr. Erwi
asked to examine the witness his qualification w
surgeon and the court granted the request. Witnos
studied medicine from ls7G to $780, had been in ho
pital ~ an under graduate.
Nrect-Had assisted at three or four po>t,nortem
| saw four wounds on the body: wound on breast WIS
gunshot wound. Psricardum filled with blooc
wound in the heart q continuation Of the wound
the breast Death the result Of lIsnorrlage &
smothering Of the heart.
Cross-examinaton by Mr. Erwin-Dr. ODonne
made the minutes Of the postmsrtem. The wound ha
| ragged appearance, the same gunshot wount
opening in the skin was round: there was not nuc
for used in entering the probe. rigid exsminatio
here followed to the organs about the heart witne
and counsel drawing diagrams and dissectng ths sam
On redirect sxaniuAtion it developed that th
hear drops or falls little after death, and that if
shot WAS fred By msn lying the floor at ma
standing two or three feet from him tha vound t