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

ing at McWeeney, who was r~etreating
from him; witness told Oswald he had
no gun; it was very shortly after Nc
Weeney dropped that Oswald asked for
the gun; saw McWeeney when he went
to the floor after the shot: he did not
fall very heavy; his hack was toward the
boxes; his head fell forward.
Cross-cxamined by Mr.. Erwin. First
saw Oswald in the afternoon about 4
O'Clock. He took q few drinks. Quite
q discussion arose as to what should be
allowed to be shown on the croes-exam-
nation OF this witness, and the court
ruled in favor of the prosecution. De-
tense was allowed to show the circum-
stances rs to the swapping of the pistol
and as to the defendant asking for a gun;
Oswald was on the floor when he snapped
the pistol and McWeeney was standing
up.
The prosecution Intercepted the Wit
ness rs to the swapping O the istol after
the shooting, and as to the asking by
Oswald for q gun.
The defense endeavored to cross-ex-
anime as to other important matters,
which the court refused to allow, and
numerous exceptions were taken.
George McDougall called and sworn;
Is 10 years old and haye lived IN Devils
Lake pretty near three years; was in the
saloon on the night when Pat McWee-
ney was killed; was there about two
hours; was there when McWeeney en-.
tered; saw a knife in defendants
hands before nc Weeney came in;
think it was q hunting knife;
also saw a revolver in Oswald's
hands; was coming from the back room
into the front room when the first shot
was fired; was there when McWeeney
entered; McWeeney entered about eight
or ten minutes after Oswald stabbed the
knife into the counter; Oswald got his
arm around McWeeney's neck or on his
shoulder and said to him, "Come up,
you big Irish s. of a b, and have a
drink with us" McWeeney told him
not to call him that; Oswald said to him
that maybe he thought he was too good
for them;' Oswald struck McWeeney
| with the muzzle of the revolver; McWee-
neyknocked Oswald down. When Oswald
foil he went on his right side then part.
ly rolled over OF his left side and fred
three or four shots at Nc Weeney, who
turned and went towards the southeast
corner of the room where he turned and
sort of fell down against some boxes.
Oswald asked Taylor in the back room
for a gun. lie asked him what he wan
ted with it; and as witness went out the
side door he heard say he had
killed his best friend.
When Oswald fell his feet were three
or four feet from where he stood. Nc.
Weeney was about two feet from Oswald
when he fired. Did not see any weap-
on in Mcweeneys hand while he was in
the saloon. when the first shot was
fired Mcweeney stood with his right foot
q little in advance of his left,
Observation-Disclosures a good men,
DRY Of what took place there; could not
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,
rs 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 that
to everybody; Mcweenoy said to Oswald
he could call him anything else-he
could call him a big Irish rascal; don't
know whether the revolver struck his
check or not; could not we'll see from
where he stood; thinks it was q flourish
rather than a blow; Oswald's left shout
der was not down on the floor when he
fell; his left elbow was on the floor, and
his left hip VA too when he fired the
four shots, which were fired rs quickly
MS they could be; Mcweeney stopped, he
thinks, when he was shot; while Oswald
was firing do not think Mcweeney raised
his hands. and do not think he wheeled
around; witness was not excited; knew
| what he was doing and what was going
on; witness was closely cross-examined
IA to statements made by HIM at the
preliminary examinations; also as to his
testimony given before the coroner.
Ever Wagness called by the prosecu-
ton; is sheriff of Ramsey county, and
arrested the defendant at q house south
of the railroad track; the reputation of
the house is that it is a house Of i'll fame;
when witness entered Oswald was up
stairs; witness went up stairs and met
Oswald, John Taylor and Alice Gray,
who kept the house; he had a pistol in
his hand; he afterwards took another
short pistol in his hand and snapped it;
the short was not the one he had in
his hand when witness went up; did not
get the empty revolver; asked him for
it. but he would not give it up; took de-
PENDANT to jail; some words passed be-
tween us; think he asked me if McWee-
ney was dead; told him he was not
he saw him; Oswald said Mcweeney had
no business to strike him on the face or
cheek; after we got into the jail room
and before he was put into the cell we
heard Mrs. Mcweeney go by crying and
Oswald asked what that was; witness
told him he supposed it was some boy;
defendant did not try to escape.
Cross.examination BY Mr.. Erwln-Ev-
idence as to 'lynching or threats Of
l%ynching objected to by the prosecution
and ruled out by the court. Defendant
was partly intoxicated. Pierce the
night Waterman, assisted me. Defend.
ant has been a good prisoner.
Court adjourned until this morning.
1T is understood that about IS wit
nesses arc yet to be exasained.
Independence of Norway.
The following invitation which has
been very'freely distributed explains it.
self:
"Yourself and ladies are respectfully