Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-01-09

affirmed the evidence he gave before the
coroner's Jury, which was corro borative
of his brothers.; he went>into the saloon
out Of curiosity; got out very quick after
the shooting; Oswald FIRST struck Nc
Weeney with the pistol with waving
motion, and afterward struck him square
in the face.
Fred D. Locke being sworn, said he
saw Oswald flourish a revolver In Me-
Weeney's face; think the pistol was held
In the right hand; there was little
struggle; Oswald's pistol was in his hand
ut the time; saw McWeeney draw back
and knock Oswald down; Oswald fell on
his right side; MoWeeuey was within
three or four test Of Oswald when the
latter was down, but Iiid not have his
lists clenched; Nc Weeney made no effort
to get on Oswald; heard some ono say to
Oswald after the shooting that he had no
right to do that; Oswald snapped the
pistol ut McWeeney three or four times
after the shooting. On cross-exanlina-
lion witness said McWeeney had no time
to kick Oswald after the latter was down
and before the shooting; before the shoot
ing there was difference in the couu-
tenances of tho men-McWeeney appear
ed as usual; Oswald was under the intiu-
ence Of liquor; he had asked two or three
persons to drink; Oswald did not appear
angry when he had his knife out; Oswald
did not stagger at any time ho saw him.
Harry Nicholson testified that he was
looking on iu the gambling room whom
the shooting occurred; when he went
into the saloon the shooting was over;
Oswald was standing by the stove -four.
ishing his revolver; heard Oswald say,
"You have been friend of nlne, Pat;"
Oswald then passed to the gambling
room and told Taylor that he had shot
his best friend; did not notice any
thing peculiar about Oswald's gait;
heard a single shot fired before the gen
eral firing.
John McDevitt testified that he saw
McWeeney's romans the morning after
the shooting; saw u scar on the left check
that is, the skin was broken; had the
appearance Of being recently done.
Rev. T. H. SheokIer testified that he
saw the remains the next morning; no
ticed wound about an inch long on the
cheek; wound look ed like fresh one.
On cross examination witness said no
one called his attention to the wound.
Counsel for the prosecution asked to
have II. Nj. Creel subp9naed to show
that defendant shot down Emmett Orr
two years ago. Objected TO. Objection
sustained.
AT the afternoon session Thursday IL.
c. Hunsbrough was called, and testified
to having gone to the saloon in his Gu
pacity az a newspaper man Immediately Y
after the shootinY; several men were
lifting McWeeney's body from the floor
to q chair; noticed fresh abrasion OF
the skin just below the left cheek bone;
the wound WAS bleeding very slightly;
saw McWeeney twelve or fifteen minutes
before the shooting, but was not near
enough to notice the appearance of his
face.
George w. Percival testified that he
noticed the abrasion on McWeeney's =
cheek; 1t appeared to be fresh injury;
saw McWeeney few moments before,
and he did not have the mark on his face;
there was blood below the wound.
g. w. Potts was recalled and stated
that Oswald said to McWeeney, after hit.
ting the latter with his pistol, that ii he
wanted anything OF him he could "watle
right in.'
W.. Hurst testified that he saw the re-
mains soon after the shooting; there was
u small wound just below the cheek bone;
the blood was fresh; also saw three other
wounds on McWeeney's body; one was
even with the third button Of the vest
from the top; another was in the left hip,
while the third was in the small of the
back.
DR.. c. C. Ellis, who assisted at the
post nortem, testified and said the fatal
wound was in the heart; the bulle did not
90 through the heart; could not find the
ball; the bullet passed through the right
ventricle; the cavity of the heart was
filled with extravasated blood; bullet
may haye been carried through the pull
monary artery to the lung. The witness
gave an interesting scientific theory rel
alive to the result of such wound.
Sheriff Wsgness testified relative to
the capture Of Oswald. The testimony is
very similar to the story of the capture
detailed elsewhere on this page. Witness
said the pistol Oswald had and which he
gave Taylor was 45-calibre; did not
hear that the small pistol was handed to
"Alice;" on the way to the Jail Oswald
said that McWeeney had no right to
strike him In the jaw. Oswald wished
to retain the revolver to protect himself,
but did indicate against whom.
At yesterdays session OF the court
Sheriff Wagness was recalled and said 1t
was between five and ten minutes after
the shooting when he arrested Oswald.
The prosecution then rested it's case.
Mr.. Erwin, for the defense, asked counsel
on the other eide to define the crime. II
it is manslaughter shall ask to have the
defendant admitted to bail.
District Attorney Morgan referred
briefly to the facts Of the killing as shown
by the evidence both at the coroner's in
quest and at this examination. Upon this
evidence the prosecution was content TO
submit its case.
Mr.. Erwin followed, making an inter-
esting and impressive earyument,in which
be admitted the killing, but claimed that