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

VI Sl1S AS 40 EANCus
Daniel Blue was called and sworn as
a witness on the part of the Territory.
Has been an engineer at the elevator
here; was in Boeing 4 Doyle's saloon on
the night OF Dec. 81, 1855, about IL
o'clock; the defendant, VIM. Cowan,
Bob Boeing and George and Tommy
Potts were present; there were about
seven or eight persons there at the time
he entered; Jas. Flynn entered with
him; you enter at the south end of the
room; the bar is on the west; the de.
PENDANT was leaning on the bar and
Cowan was with him; they were drink
ing; did not notice any weapon in Os-
wald's hand when he entered, but five
or six minutes after noticed a revolver
in his hand; was about six or eight feet
from him; defendant fired a shot into
the wall on the west side; a man by the
name of Davie was standing at the end
of the bar; the shot was fired about five
minutes before McWeeney 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 the bar; Cowan was in his
shirt sleeves and Boeing held his coat;
Cowan said to Boeing to hold the coat.
that the "stuff 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 Hops, who was at
the piano playing, and Cowan said shat
is the way we take our friends up to
drink some glasses were broken at the
end Of the bar; Oswald said he was 60
ing to turn things loose; McWeeney n
tered, and Oswald went up and slapped
him on the shoulder and said, "Come up
and take q drink with us, you Irish s.
OF a b." Pat said, "Don't call me that:
call me anything-call me an Irish ras.
cal, but don't call me q s. Of q b."
Oswald then struck McWeeney with his
revolver in the face, and McWeeney
knocked him down; Oswald kind Of
rolled over and partly raised himself
and fired three or four shots at McWee.
ney, who partly raised his hands, backed
off into the corner, and fell on some
boxes and died; McWeeney struck Os-
wald instantly after Oswald hit him; Nc
Weeney advanced Il step or two when
he struck Oswald; there was moth.
ing to obstruct witness view; Nc.
Weeney did not attempt t. follow Os-
valid up when he knocked him
down;afler McWeeney struck Oswald he
stood facing him with his fists closed,
and when Oswald fired the first shot he
turned round with his back to Oswald,
and Oswald kept on firing; he fired
three or four shots; McWeeney 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 McWeeney; Oswald snapped
his revolver once at McWeeney while he
was retiring; McWeeney went us far MS
he could into the southeast corner of
the room, and his head fell forward on
his breast: before his head fell on his
breast and before McWeeney fell he said
BILLY you are wrong, you are way off,"
McWeeney's face did not come in con-
tact with the boxes or anything when
he fell; he died in a few seconds: thinks
the revolver was in Oswald's right hand
when he struck McWeeney, but it was
in his left when lie was on the floor
firing.
During the examination several OBJ
.iections were made by Mr.. Irwin to ques-
lions 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 of when
he gave his testimony before the magis-
trate. They were as 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 went
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 at the preliminary examinations; his
attention was called to the testimony by
its being 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.. McGee said
they were not before St. Paul police
courts. Mr.. Erwin then said that if
they were McGee would probably be
there; and McGee remarked that Erwin
would perhaps be in the lock up.
Another part 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 testifes
now that McWeeney advanced a couple
OF steps and then stopped and stood
erect.
On redirect examination witness tes-
titled that about the time of the tragedy
the defendant must have weighed about
lS5 pounds, and was a muscular man.
At the time of the occurrence both par
ties acted as quickly as they could, Nc
Weeney probably weighed 175 pounds.
Frank Doty was called and sworn on
the part of the Territory. Am a practi-
cal surveyor and have had about three
years experiences: made a map of what
was told him 10 be Boeing g. Doyle's
about q month ago; it is accurate; there
is a second building connected by a
small ~alleyway; the objects are correctly
located; the map shows the location
OF the furniture and the bullet hole.
The 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 a farmer
chiefly: age "a years; was in Boeing &
Doyle's on night of Dec. 81, 1885; was
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