Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-08
opinion is that the bullet did not 20 into the heart a,
all.
TUESDAYS PROCEEDINGS.

w ASA SoAAV SOhNVuCu VII 4uCSuhy
morning, Mr.. Erwin made a motion that
the body ofMcWeeney be exhumed and
that commission of doctors be appoint
ed to examine the heart and lungs. Col.
Warner SAID that perhaps in fairness to
the other side they should state that
the body had already been exhumed and
that such an examination had already
been made. Mr.. Erwin after brief ST.
lence, announced that the defense would
resist with all its force this ex parte ex-
humation on the part of the prosecution,
made without authority and under the
cover of night.
Dr. W.T.. O'Donnel was recalled for examination hy
the defense He described the percarLum aud tricus
pce valve; the weight varies from eight to fourteen
pounds Fatty degeneration has frequently been found
the cause of sudden death, especially in old age.
Col. Warner stated that he did not wish to make any
captous objections; but he thought this testimony had
gone far enough. lie did not think such testimony
would enighten the jury 1t only tended to befog their
minds
The witness continuing said he had studied this case
very thoroughly since the post mortsm. Has tried
upon every superstition and n every way in hs power
believe it went In there at ALL Would not swear
made that opening in the heart not; that could
only be determined by submitting the heart to micro
scope.
Mr..Erwin.-Could the physical exertion Of McWes-
nsy striking that blow have been the exciting or aI
proximate cause OF his death?
Witness-It could.
Mr. Erwin-Whst WAS the approximate cause of his
death?
witness-He died from hemorrhags of the heart. 1t
was caused by tho opening or rent.
Mr. Erwin-It could have been made by the physical
sxsrton Of McWesnsy striking the blow?
Witness-N could have been brought about by the
exciting and physical exertion Of striking blow.
Mr. Erwin-Doctor,a man shot in the heart, rule,
falls on his face, does he not1
Witness-Yes.
Col. Warner cross-examination produced drug
gists glass for measuring liquids foot rule aud bull
let. The object Of this cross animation was for the
purpose Of impeaching the testimony OF witness to
the bullet having passed into the vsntrcle and not
having passed out. The witness said he had been Of
this opinion for about month. At the time Of the
autopsy Of the opinion that the immediate
cause Of death hemorrhage; that that heuorrhage
WAS caused by gun shot wound and that the ball on
tered the chest. He had changed his opinion about
month ago. hut did not state to other doctors al
though they live herc except to DR. Ellis. II the an
giles were accounted for the witness would think 1t
tenn examination held % the evening OF January
l, 1886, sbont dusk. DR.. Ruger and DR.. Ellis l,or-
formed the operation and witness made the observation
and minutes Was partly governed by the remarks Of
all made ut that time Did not feel the heart luags
when they were examined. Az came to u
conclusion as to the Of death stopped Since
then have changed my opinion.
Vim. NJ. .SwaisOn--ls u PHI ysician and surgeon. The
usual medical examination WAS gone through with,
and two lengthy hypothetical questions have
been put The hylUtheticai questions have been an,
swered by the witness independent ot any personal
no knows aud directly upon the suploson there
in stated.
VIM. }. McIntirc was called by the dcfenss aud
sworn. Is farmer here In town Oh the night Of
Dec 81, lssi saw McWeousy in Bocing 4 Doyles sa-
loon about ten minutes before the shooting witness
stepped into the saloon Oswald there; witness took
front room to light the cigar, and saw Mcwecney
come in SAW McWecnsy strike Oswald blow and
knock him down; he followed up the blow It WIS all
done very quick 0s%sla rea "a, a @
thut IL you could have helped it, he said, "McWeeney
had business to strike me-" Oswald sppsarod to hs
drunk and splearsd to be having jolly good time
Several questions were asked by Mr. Irwin which
were ruled out by the court The witness was moi
| cross. examined by the prosecution.
| John TAYLOR called bv tho defense. Was in tho
loon number Of times during the evening" WAS ther,
+ about ten minutes before the shooting Defense Of
| fersd to show that witness thrown over the ba
| about fifteen minutes before tho shooting, Not al
/ lowed by court. The witness saw Cowan jerk Oswale
\ drink; they were laughing and carrying on and hav
ing u good time; went hunting with Oswald (" shor
l time ago, and took hunting knife along.
Crosse animation by Col Warner.-llavs been NC
uusinte with defendant for more than year;
in partnership witness was playing faro in the buck
room.
Ed IIackott, Jr.. called by the defense, Defense of
fersd to prove that st Jonsons saloon in this city
ten days before tho homicide McWoeney asked this
witness IL Oswald had got home, and upon being in
formed that lie had not that McWeeney told witness
that he was going to "d0 him up"
At this point the defense offered to show that Nc
Weeney and another killed Inan at urand liarbor two
years ago Objected to and objection sustained.
| William Doll called and Hworn by Defense Wa
taking in the sights Of town New Years Eve. DO
fsnss offers to show the entire town was celebrating
New Years Eve. Objected to and sunained. Saw 's
wald and McWecnsy in JOhnsOn's saloon before tL,
shooting; they seemed to DO friendly there sever
ii there; and we all drank together
examination by MIR. Mciee-Were Frank
IIaney and Chas. Walsh there?
Answer-Thoy might have been.
Richard flaming calledby the defense. Saw defend
ant and Oswald In Johnson's saloon; Doll, Dgnan
JOHNSON and myself were there; SAW Oswald and Nc
Weency there; should judge 1t was bstwenh eight aIlt
| nine O'Clock.
John r. Mct;ee called and sworn by ths defense
The heart and lungs remain I'd In te body till the body
was exhumcd never told Dick Maybe the heart ant
lungs were preserved.
John William Oswald, the defendant called on hi
own behalf. Is about Is years old and has lived Il
/ Devils LAX about four years. knew McWerney a'Du
three years; was At the beniam House Tor supper
went to Lynch Germans after supper and drunk, ant
was In Johnsons saloon after that and then went
Boeng Doyles; we stayed there aud drank; reme''i
bsrs Gowxn pulled him down to the floor; saw McWec
new come in and went up u him and said 10 him YO,
biz Irish s. of b. come and have drink with mo-
had hold of his and went up to the bar; he sai'
"dont call that call me anything, but don't call M
that waived the pistol before his face (wness ndi
Gated the waving motion but did not strike; witness
was not angry At McWeeney ut that time; don't
Der whether he had his revolver in his hand or no
memory IL indlstinct to all that occurred: when
waived my revolver in McWeensy's face, he Steppe
back and hsuled off and hit me and knocked mo down
could not toll what it that struck me; he knocke
me quite a ways the blow waa surprise TO- me;
| stunned me; ~ soon ~ he knocked me down he can
right for thought ] WIN in danger; that 10 til
way 1t looked to In the first place did not expec
any blow from him; had been friends; had no dia
tinct idea Of what took place from that time;
angry at Pat before or after he Knocked me down
thought was struck with something else than hi
nst wild after tho shooting and did not know iron
would give II to me- and endesyored to get gun u
defend myself; never formed determination, ia ho
blood or cool blood, to take McWeensys life or to xii
him; weighed about $50 pounds when ] went int
prison; McWeeney was muscular man; once In
while use the term that am going to turn mysel
loose" by which mean AN going u get drunk !
had no reference to harning anyone: had not dranI
anything for seventeen eighteen days before that
recolect having out a hunting knife which borrowed
from McTaggart he asked me to return IL put M
pocket that morning. but did not zee him during tn
ney any ese If the pistol came n contact will
McWesneys face it was by accident; il had INTENDED
to strike him would have done it difiersntly.
/ Cross. animation by Col. Warner. Was acquainted
With the use Of fire arms and knew the effect Of frni
them at pers0n.
| Queston-Did yom ever shoot any one esef
objected To, objection Sustained.
This closed all the testimony excep
that OF the physicians.
| DR.. II. M. Wheeler was called and sworn the par
Of the defense. Is physicion and surgeon and live
| in Grand Forks WAS called To attend Patrick McWee
ney In the county jail at Grand Forks; treated him 10
Intermittent fever he feshy then, but was consider
| ably emocated when he left the jail Witness ther
described and explained various Of heart trouble
When men lift heavy weight it dams back the bloot
and causes pressure the walls Of the heart; II tn
lungs were distended with air ball would enter tn
right ventricle the right margin than the left
| little below the nipple. 1t is impossible for baI
to enter the chest wall indicated perpendicular e
| the surfaie, and enter the heart.
Cross -ex xaInination by Mr. McGee. Witnesses view
based entirely upon the correctness Of the state
ments going to make up the hypothetical question.
Dr. A. j. Smith called by prosecution. Graduated a