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

made aloud and in the presence of the
jury.
On redirect examination witness
stated that he was not positive as to
whether, Oswald said "Come Pat, you
old Irish s. of q b." but he called
him an Irish of a b.. McWeeney
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 o..
valid regained his feet he went east and
a very little south over towards Nc
Weeney.
On further examination by Mr.. Err.
win witness stated that McWeenev was
not disabled when he was struck by Os.
valid. McWeeney was about three feet
from Oswald after he struck him. AZ
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 tho
space travelled over in the struggle. Os-
valid fired in quick succession three
shots while on the floor. He then got
up and worked q little southeast from
where he first stood, towards the wall.
He did not get on his feet 'rush on him
and down him." lie said he would
shoot him, OF words to that effect if he,
McWeeney, came near him. "a
At the afternoon session E. II. Dayie
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 got the
/ 1,,sco cno,,, linn, la mt fha l,,,sco -, L.,
pocket; took q pistol out of his pocket
and fred q shot into the wall. Oswald
was about eight OF ten feet from witness
when he fired. Witness put up his hand
to have Oswald stop, but he shot into
tho wall before Ae 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
McWeeney entered Oswald turned
round, took him by the shoulder, called
him an Irish s-of a b and asked him
to take a drink with him; did not SEQ
Oswald put up his revolver after he shot
into the wall and before McWeeney
came in. They stepped towards the bar
and McWeenoy told him he did not
want him to call him a s. Of a b..
Witness was back Of McWeency; i'm,
mediately after Oswald made q motion
towards McWeeney's face with the re-
volver McWeeney knocked him down.
Oswald fell with his head to the north
west and his feet TO the southeast. Did
not SEQ Oswald strike the floor from
where he stood between the piano and
the bar. Witness stepped towards the
end of the bar: Oswald was then lying
on his right side. Think Oswald was in
motion when first shot was fired; but is
not positive as it was all done so quick.
McWeeney turned his beck when the
first shot was fired. Three or four were
fred;..one WIS fired when his back was
towards Oswald. Think McWcency
commenced to turn when the first shot
was fired Oswald then got up, stepped be-
hind the bar, spoke TO Boeing, and went
INTO the back room. Somebody in tho
back part of the saloon said Chilly you
had not ought to have done that" Os:
valid said, "the d-n s. of a b had
no right to strike me i'll the jaw" AS
McWeeney was backing away he put up
his hands and sad, Chilly, you are away
off," Oswald then passed into the back
room and asked John Taylor for n gun;
Witness next saw Oswald at the side door
of Requa's saloon; met the sheriff here
at the rink and notified him of the shoot
ing. When McWeeney fell his head fell
on his breast; witness Immediately went
out the front door.
Cross-Examination.- Oswald, Cowan
and Taylor were treating and drinking;
cannot say how long before the shooting
it was that Taylor came in, but think it
was about half All hour. They were
talking about who should treat; they
threw Taylor oyer the bar.
Here followed q lively argument by
Mr.. Erwin relative to the condition Of
Oswald, Cowan, Taylor and others. He
claimed that it was a blg drunk in which
the participants We're having y good
time. The Judge called Mr.. Erwin's ut
tention to the fact that the statutes did
not recognize killing as being un unpun-
ishablc offense when done by q person
who was simply intoxicated. Response
bility ceased only when 1t was shown
that the murderer was in the throcs Of
delirium Or was insane.
| Continuing under the cross.examina-
| tlOn TIC WlllleSS SSlu NilSil AC SNiAA
from the back room he had a drink and
stood at the end of the bar; thinks the
knife scene was about five minutes be.
fore the first shot; Cowan, Oswald and
Taylor were at the bar, and witness took
a drink with thens Oswald then knocked
the glasses off the end of the bar; don't
know Whether McWeeney was drunk OF
not; McWeeneyg gave a pretty hard blow;
he followed the blow up by advancing to
within three feet of Oswald; the first
shot was fired about five seconds after
he was knocked down; Oswald did not
try to stab or hitanybody with the knife
Several objections were made by the
prosecution to questions put by defense
tending to show that it as q drunken
brawl; that it was the ordinary way Of
acting in this frontier country: that il
isa common thing for drinkers to cal
each other SIS of b--s. Mr.. Erwin
called it trough pleasantly"
i. Robert Bocing called by the prosecu
ton. Am a saloonkeeper and was ir
partnership with Ed Doyle on Dec. 81
1885: Oswald, that night after the shoot
ing, went to witness and asked him fol-
u gun; saw a gun in his hand after he
regained his feet, but don't know IS he
did anything with it. Oswald snapped
the pistol once or twice after the shoot