Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-08
it was about three or four seconds after
struck McWeeney that McVVee.

ney knocked Oswald down; witness was
ten o. fifteen feet north from Oswald
when the first shot was fired; nothing
between witness aud the parties to OBJ.
struct witness view; did not see McWee-
ney in motion when first shot was fired;
was looking in that general direc-
ton; McWeeney did not, as wit.
ness saw, make any attempt to
follow him up, Of put his hands
on him, or attempt to get down on him.
Oswald'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 Of bar
and some distance east of it, and his feet
northeasterlv some distance west of the
stove. McWeeney was south of Oswald
when the first shot was fired; did not mo-
tice any particular movement made by
McWeeney when first shot was fired;
witness did not notice whether McWee-
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 a 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
McWeeney that he would shot him dead
if he came neal him. McWeeney said,
Chilly, you are way Off" McWeeney
then fell backwards into the southeast
corner; he lived a very short time. o.
valid went towards the end of the bar or
behind, don't know which;het then passed
into the back room; Oswald said Nc
Weeney had no business to strike him;
some persons think it vas Boeing who
said to Oswald that he had not ought to
have done that; Oswald then Went into
the poker room, which was used for
gambling or gaming; witness heard Il
person ask Taylor for Il gun; thought he
recognized it as Oswald's voice; saw Os-
valid after he regained his feet and after
the shooting; witness was watching Nc
Weeney Just after the shooting; Oswald
snapped his revolver just after he got up,
as though it was on an empty chamber;
did not ut any time that evening in that
saloon see any weapon of any kind in
McWeeney's hands: should say McWec-
ney weighed about l75 pounds that
night and Oswald about lG5 pounds. Os-
valid seemed to be a very muscular man.
Cross-Examination by Mr.. Erwin
Went into the saloon first about S
o'clock; heard the confusion rs he went
by and went IN to see what was going on;
passed to a chair ut the rear end Of sa-
loon and took Il chair between bar and
lunch counter in front of the opening.
Saw Oswald take afew drinks; saw Cow
an pull kopps off the piano stool and
take HIM IN to drink: Oswald's language
seemed to be rough and boisterous; they
seemed to be enjoying themselves, and
it vas then that Oswald seemed to have
a spoon or something in his hand; o.
valid was about IA feet from the door
when McWeeney entered; Oswald stood
with his left side or back towards the bar;
did not see the pistol in Oswald's hands
when McWeeney came in; but saw it
after; Oswald staggered q little. Oswald
said words something like these, Come
Pat, you old Irish S of II b, and
have a drink with me-" McWeeney told
him not to call him that; that he could
call him an Irish rascal. Thinks Oswald
told McWeeney that he thought he was
a better man than he was; a very few
seconds after that Oswald struck him
saw Oswald flourish the pistol IN his
hand; saw a little struggle at that time,
but did not know their object; saw Os.
valid strike McWeeney with his right
hand. Thinks the testimony read by
Mr.. Erwin, which was taken ut the pre-.
liminary examination, correct rs to Os-
valid raising his right arm and striking
McWeeney.
During this examinations; Mr..
Erwin instructed the stenographer at one
or two points, as to marking on his (Mr.
Erwin's) copy Of the testimony, "self.
%impeaching testimony" The prosecu-
ton objected to such instructions being
made aloud and in the presence of the
jury.
On redirect examination witness
stated that he was not positive as to
| whether Oswald said "Comc Pat, YOU
old Irish s. Of a b." but he called
him an Irish s. of a b.. McWecncy
did not have time to withdraw from the
saloon after he struck Oswald and before
Oswald shot. When Oswald fell he
faced McWeeney very quickly and i'm.
mediately commenced firing. After Os
valid regaiaed his feet he went east and
a very little south wei towards Nc.
Weeney.
On further examination by Mr.. Err
win witness stated that McWeenev was
not disabled when he was struck by Us
valid. McWeeney was about three fee,
from Oswald after he struck him. At
ter McWeeney struck Oswald and Os.
valid fell am not positive that McWe.
ney advanced a couple Of steps; was not
positive that McWeeney occupied the
space travelled over in the struggle, Os.
valid fired in quick succession three
shots while on the floor. He then 20,
up and worked a little southeast from
where he first stood, towards the wall
He did not get on his feet crush on him
and down him. lie said he would
shoot him, or words to that effect if he,
McWeeney. came near him.
At the afternoon session f. K. Davie
was called by the prosecution Was in
the saloon and saw Oswald and he had
a knife in his hand; was sticking it into
the counter. Boeing tried to get the
knife from him; he put the knife in his
pocket; took a pistol out of his pocket
and fred a shot into the wall. Oswald
was about eight or ten feet from witness
when he fired. Witness put up his hand
to have Oswald stop, but he shot into
the wall before he could stop him,
Witness said he might have gone to
McGee's office during the preliminary
examination and told him that after
firing the shot into the wall Oswald
said he was going to die game. When