Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-08
MANSLAuGHTER.
LUnciuulcd from first Duuc,

peace OF the community are at stake in
this case, and this is to be considered
before the welfare of Bill Oswald. 1t
was a duty to proceed with this case.
Counsel did not propose to 60 into the
Dry; he would give facts. The case had
been tried upon facts. Counsel here
limited at some secrets in the case which
counsel OIL the other side would dare
not bring to light, and continuing said
that when killing is proven the intent
follows. Counsel then went into the
history of tAe case. Oswald was in a
peaceable community with q huge hun.
ting knife and a murderous revolver.
His friends tried to take them away be-
cause they knew he had murder in his
heart. Cowan had ,jerked him on the
floor, and this had riled him. The re-
venge within him is seen in the shot
fired within a foot of Davies head. Ills
friends then tried to take away his gun;
he then announced that he would "turn
himself loose" Counsel would willing
ly try this case upon the testimony of
the defendant alone. Was surprised that
Mr.. Erwin did not make q better witness
of his client. The prisoner did not
even swear he was in great bodily dan.
ger. When the body of McWeeney fell
in the corner Oswald did not express u
word of regret. He asked for another
gun, but Boeing knowing his disposition
refused to give him one. lie then asked
Taylor for a gun. His next act was to
fly to that den of iniquity south of the
track where he rearmed himself. lie
expected the swift Justice characteristic
of a new country. If he is turned loose
upon the community there will be many
others die at his hands if his future life
is to be judged by his past. On the ques-
ton Of generalization counsel said there
could be no doubt on that score 1t is
not self defense for a man to thresh an
other in the face with a pistol and ifthe
assaulted party resent the injury and
insult with his fist he is shot down.
Regarding the wound, counsel said If the
jury didn't believe that the ball passed
through McWeeney's heart it would be
because they had made up their minds
to believe otherwise and he would not
attempt to change that opinion. 1t was
no less a disgrace if a community OF
civilized people were to shield a man
who had used an epithet for which he
(counsel) or the jury would haye shot
him down. Talk of me as you please,
but keep your foul tongues off my wife
or mother. Counsel then referred to
the characteristic Of the Irish to use
their fists instead Of weapons in resen-
ting an insult. McWeeney was unarmed
while Oswald was a ':walking arsenal
ready to shoot down any man who de.
clined to take his vile epitets. Nor was
Oswald too drunk to be irresponsible.
His remembrance OF the ARRAY was re-
markably clear. Counsel stated that
the body VAS taken up ut the instance
and by the permission Of Mrs. McWee
ney. 1t was done to clear up the mys-
terry that the defense had attempted to
throw about the case. First the defense
had e~ndeayored to show that the ball
passed into the breast and out the back
This exhumation showed both balls were
in the body, and that one had passed
through the heart; death was instantan-
eous. Heart disease made no hole in
the heart such as was found IN McWee
ney's heart. 1t was impossible to thee.
rize upon the course Of pistol balls, and
the introduction of medical testimony
for the purpose of setting up q theory
only showed the weakness of the de.
Tense and proved the henious character
Of the crime. The best of physicians
had long since decided that the course
Of q pistol ball was exceedingly uncer.
tain. A bullet went whining and SPIN
ming through the air and its course de.
pended entirely upon the angle at which
it entered the target and the resistance
Of the target itself. Medical men had
never solved the problem and they new.
or would.
THE CHARGE.
Col. Warner closed his argument at
II 80, %whereupon Judge Mcdonnell
charged the Jury, occupying just an hour
The charge was Il very strong one, fully
reciting and explaining the law rela
tive to murder and m~anslaughter, the
jury and audience listening with intense
interest. At the close of the charge the
Jury baliffs were sworn and the twelve
men "freighted with so precious a thing
as q human life" retired. The Judge in,
formed them that he would remain ur
during the night to receive any com
%munication they might make.
MANSLAuGuTElt IN THE FIRST DEGREE.
After being out for thirty hours the
Jury came into court at 6 O'Clock yes
terday morning with IL verdict of man
slaughter in the first degree. The jur,
was then discharged.
Ats o'clock court r%econvened. Mr.
Erwin gave notice III arrest of ludgmen
and motion for Il new trial, and asked
time to prepare the proposed case and
for the territoryto make its amendments
Counsel moved to make the day of the
return July - at 5 p. M.
District Attorney Morgan replied tina
the request seemed reasonable and hi
would make no objection.
Judge Mcconnell spoke briefly o
the amount Of business that had beer
9 pressed in to so short q space of time
He said there being nothing between
possibly 4 life sentence and a possible
error in the proceedings, 1t was RICH,
that the prisoner should have time tc
present his case to the supreme court
He said if the motion for Il new tria
was denied-which in all probability i
would be-sentence would then July l:
at 5 p. n.y. be pronounced. The cour
then adjourned until that date.
REMOVED TO A FORKS
BY consent of counsel, Oswald will be
taken to Grand Forks this morning. Til,
reason for this is that our Jail f~acilitie
are limited, and the lock Upon the cell
is of such Il character that in case of fir,
there might be danger to the prisone