Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-01-09
THE LATE TRAGEDY.
An Exciting Week Over the
0swald.McWe Weeney Affair.
Synopsis Of the Testimony Be
fore Judge Wishart.
An Interesting Three Hour
Talk by MIR. Erwin.
A Decision to Be Rendered
This Morning.

Tho killing Of McWeeney has been the
sensation Of the week, and an extra edi-
tion Of 800 INTER-OcEANs was consumed
before Monday night. The coroner's I'M
quest was very searching aud resulted
In the following verdict:
We and that said Patrick MeWesney caue to bis
death from the effects Of wound made by lc.dsu
bullet fred frum pistol then aud there held 10 the
h.nds Of John William thwsld at Devils Lake, Dec.
said maus. then ssd there caHe 70 his death i.lon.
ousy from tue effects Of the said wound inflicted BY
the said Juhn W. Oswald xs aforesaid, with elouious
intent to kill and murder che said Patrick McWe~uey
FRANK CoxvERaE.
JOIN J. COOKE.
g. w. PgkCIvAL.
Oswald's father and mother and two
sisters, accompanied by W. w. Erwin,
the st. Paul criminal lawyer, arrived bv
Mondays train from Minneapolis. Mr.
and Mrs. Oswald are we'll along In years
aud have the sympathy Of everyone
here. The preliminary examination OF
young Oswald commenced Tuesday
morning at the rooms Of Clerk of the
Court Saunders. adjoining the cell where
the prisoner is confined. District Attor-
ney Morgan is assisted In the prosecution
j. F. McGee and Messrs. Erwin and
Nash appear for the defense. The court
room has been thronged with spectators
each day Of the trial.
The first witness was r. r. Davle. He
was in BoeinS & Doyles saloon half al
han hot I I,n Sh y,,,l
hunting knife seven or eli: :;lt inches long;
he stuck it in the counteA' several times;
Boeing asked him for the knife, but be
refused to give it to him; afterward put
the knife in his pocket, stepped back
from the bar, drew his revolver and fired
into tho ives, wall about ton inches fro NJ
witness head; Doeiuy and witness asked
him for his revolver. bat could not get it
McWeeney soon came in; Oswald put his
arm over his sshoulder,and said, "McWee.
ney. you Irish 81 of a b., have II
drink" McWeency replied, Don't cal,
me that" Then Oswald struck him with
his revolver; did not SEQ where he hi
him. McWeeney then knocked Oswald
down and advanced toward him to with.
In three feet; Oswald fired, and McWee.
ney turned his back; Oswald continued
to fire, shooting four times; McWeeney
turned facing Oswald and ga d, "Billy,
you are way off, and backing to the cor.
ner Of the room fell to the floor and died
in two or three minutes. Oswald got up,
said something to Boeing and passed to
the rear room where he asked TAYLOR for
his gun. l went out and started for the
rink; met Oswald on Kelly avenue; 1 no.
titled the sheriff, and returned to the
saloon.
Donald Blue and Sutliffe Potts testified
substantially as above, except that Potts
did not think Oswald hit McWeeney .'in
a fighting manner" with the pistol; that
McWeeney hit Oswald q heavy blow;
that Oswald raised to his hip and knee ia
fire, and that the firing was very rapid.
MIR. Blue heard Oswald say, after he had
fired the four shots, II will shoot your
g. d brains out" or &C. you,
l will shoot you dead;'' also that Oswald
after swapping and finding his gun
empty, ran behind the bar and asked
Boeing for revolver; that he then rushed
into the gambling room and asked Tay.
lor for gun.
Robert Boeing, one of the saloon pro-
prietors, was called. Saw Oswald the
day of the killing at o'clock in the aft
ernoon; Oswald was in the saloon from
7 o'clock until shortly after tho shoot.
ing; saw him with hunting knife and
tried to get it from him; Oswald was
fiourishing the knife; after Oswald put
the knife in his pocket he drew a 3s-sal-
iber bulldog" pistol; McWeeney en-.
tered directly after Oswald fired into the
wall. Boeing's testimony corroborated
THAT OF Davies relative to the epithets
used by Oswald; witness testified that
McWeenev told Oswald he would not be
called g. OF q b. by anybody; that o.
wald replied, III you think ysu are q
better man than me wade right in."
This was said while Oswald lourished
his revolver; after firing Oswald snapped
his pistol before rising from the floor;
McWeeney did not get on Oswald's hack
while the latter was down; after killing
McWeeney Oswald asked witness for q
gun; did not give him one. On cross
examination witness said he did not
think Oswald aimed at Davie when he
shot into tho wall; thought Oswald's $ sal
utation to McWeeney was in lighting
words;' Oswald had used it to others
that evening; did not know of any prior
difficulty between them; could not say
that McWeeney had been drinking; Os-
wald was drunk; McWeeney's blow
struck Oswald OH the left eye; it was not
clean knock-down; Oswald stumbled
and fell.
John McDou2all's testimony brought
out several new points. Witness was
within three fct Of Oswald when he fired;
af.er Oswald had called McWeeney s.
OF a b. McWeenoy said, "Billy call me
anythins-an Irish rascar'-Oswald in
terrupting Pat said, '"rhat's what you
are." Pat stepped back; could not say
that Oswald had the pistol in his hand
when he tell; when the first shot was
fired McWeeney was standing erect;
after Oswald got up heard him say
Throw yourself loose" On cross.ex-
animation witness said he did not know
II McWeeney and Oswald were friends;
the flashing Of the pistol in McWeeney's
face tie witness would cali blow; there