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


IL physician and surgeon; graduated from Jefferson
Medical college Phadelphia in 1854 served during
year OF the war - medical cadet have served since
physician and surgeon In the army; has examined
fully thousand cases Of gunshot wounds was present
the autopsy the body Of Patrick McWseney there
were three wounds-ons on the face, one on the but
tocks. aad the region Of the heart; in witness
opinion the wound in the heart was continuation Of
tile superficial wound In his opinion death resulted
from gunshst wound after continuing the search for
reasonable time witness came to the conclusion that
bullet could not be found without cutting the
mains to pieces bullet might enter the body, 90 all
around inside it, and return and pass out where y
tered; did not examine the lungs carefully am still Of
opinion that the ball passed through the pulmon
ary artery; this hss always been my opinion; have
always thought that the wound in the guteal region
wound Of exit do not think that the ball passed
from the heart down through the vena eava and out
| through the gluteal region; do not think such q
within the range Of possibility there not the
least doubt in my mind about the ball entering the
venrice; it is possible that ball could pass through
the chest wall around the chest and at the place Of
| entrance
AT this peint tho court adjourned until Monday
morning, Three bailins TO tako charge Of
the jury. The jury and bailifs were admonished by
the court to have communication with anybody in
regard to the case and not to talk among themselves
about tho ease till it was submitted to them.
MONDAYS PROCEEDINGS.
Court opened promptly at 8 o'clock.
The jurymen took their places and the
defendant was soon brought in. Both
counsel and jury were looking bright
and clipper, having had two solid
nights rest, and the court having par
taken of a SUNDAY dinner ut the resi-.
dence of Clerk Saunders, together with
Mr.. Erwin and Justice Wishart.
Dr. II. II. Rugcr recalled by the prosecution.
The sack percsrdum full of blsod death result
cd from hemorrhsge, which was caused by the gun
shot wound there Is no doubt Of this in my mind.
RODt ROpnY called bV tho ErAH
by Oswald while OH the floor went into the ceiling Nc
Weeney lived only a few seconds after having been
At this point the prosecution announced that they
| rested their ease.
THE DErENsE.
The opened on the part OF the defense by
Judge Erien, who claimed that the homicide jus.
tifable An offer made TO read to the jury part
of the code, which was refused by the court The evil
snce to be produced by the defense will show that tho
defendant and Mcweensy frends: that defendant
had been drinking; that the day Of the tragedy Nc
Weeney also had been drinking and after ths shooting
| Of b is generally fighting expression; in this
case it had no such meaning We admit finding Os.
| wald drunk and stumbling about and firing pistol
drunken way, "pat you old Irish - Of a.. come
and have drink Oswald meant nothing by this; ii
! was sinrly way men have Of accosting each other
under such circumstances Oswald happened to strike
him in the face with his revolver We claim that wllsu
| McWeeicy knocked Oswald down he advanced to him
and that the defendant had right to defend himself
The prosecution objected To tho counsel arguing the
case at this time to tho jury The objection sue
tainrd by the court.
After some discussion hctween counsel ths prosecu
tion withdrew the objection and tho statement OF the
| cass proceeded with.
Atthe Aoss Of Judge O liens remarks the rrosecu-
,ion said that was the duty Of the defense to outline
their case SO that III" prosecution might be prepared
with rcbuttal. The defense neglected state wha,
| the medical part Of their defense would be.
Judge 'rion said that e had not stated fully he
cause he had not given that portion OF the statemsn
~ IN $40 nto oil
had appeared during the progress Of the case that Mr.
Erwin WAS familiar with il and would state it. Coun
sl for the prosecution objected to two Of the
opening tho case; objection overrul0 by the court.
Whereupon Mr.. Erwin outlined tho defense they
would place before the jury from their medical view o
the case Defense proposes to show by the best medi
cal testimony that McWeeney death not from TIN
bullet penetrating the heart; that McWesnsy hsd beer
! strong, stout man weighing about 220 pounds no
more than three years ago. that he hod been acquttes
ofa serious charge, which he had been cOnfiuet
for several months; that that confinement worked upol
his mind and weakened and soened his muscles. Tila
at the time Of s death the walls of the heart were
diseased coalition That the bullet did not pass int
the heart that II passed towards the back, down thu
diaphragm into the gluteal region and out ut the pac,
Of the evcrted wound in the back that the e1ertion
NcWeeneys part when he hit Oswald lore heavil,
l upon the weakened muscles about tho heart, and
hsmorrhage was caused resulting in hi. ustantaneon
death. Defensr then called their first witness.
Thomas ;. Potts was put upon ths stand Will b
2' years old next month; was in Bo0ng Doylss ~
loon on the night Of the homicide, about hour be
fore. Evidence to what took place prior to the tim
herstofore limited by the court not allowed exoep
drunkenness of defendant The witness stated that tn
defendant was having jolly good time AZ it was New
Years Eve defendant WAS walking 70 and fro; do
fcn'iant with hunting knifo defendant looking
at it, put il in case and put II in his pocket ho had
pocket pistol in his hand and shot it into the wall
McWrrnsy came in while liz had II in his hand; Oswald
stood at the bar he called him up the bar and said
him, Come up and have drink with me- 20,
Irish ola b; Oswald had revolver in his han,
and hs kind OF tapped him the cheek and said "wh,
4 1 Ls,,l,
stumbled towards McWeoney who struck out from hi.
shoulder and knocked him clean to the floor; McWeo
ncy followed him up Oswald repulsed him with Ills
volvor Oswald fell on his right side rolled hi
left and commenced firing after the first shot McWss
nev turned right round and went towards tho south
east corner and put his arm on some boxes; Os~a,
went towards the wall and all this time ho la'
the revolver in hi. hand and throwing it up
down over his shoulder snapplng ii; Oswald said, "fv
been good friend to you Pat; been good friend L
you McWeen"y said something to him, but witness
| could not hear what it was.
Cross-examincd by Mr.. Mc(;ee. Winrs, was close
questioned IA to what he testified to before the niagin
trat at th. preliminary examination an, s reillrme
it, with one or two slight exceptions; has been in tow
since January and has spent most Of his time ai,ou
Bocng Doylca saloon, but has not been fed or ksp
by Them aa borrowed some money from tlie but hs
: paid them back.
!; Geo W. Potts, called and sworn by the defense
! Was in Boeing Doye's saloon the night Of til
4 ARRAY for about an hour before the shooting
Any evidence a. to the drunkenness Of defendant
allowed by the court but to what else occurred
+ ruled out. There WAS no trouble row before Nc
Weency entered. Noticed that defendant fired "a sho
: into the wall Oswald and Cowan standing at tn
bar when McWeency entered; Oswald turned and sa,
r him and went up To him and took him by the arm
me-; Pat said, IAN right, WILL but don't call thai
anything but that goes Oswald said to him "peraE
you think you are too good for u.s. Pat said "Oh NJ
I WILL then Oswald repeated the same words and rasst
bis hand aud kind Of tapped Pat the face and sal
"No, no, Pat; We aint too good for yon' McWesne
then squared on and knocked Oswald down to the noo
5 firing; McWeeney backed of and turned round an
went towards some boxea in the CORNER; McWesno
said TO him You are away Off Odwaid said "at hav
been too good friend to yon 10 strike like that"
IL F. Il Davio called by the defense. Saw Oswsl
r drink three or four times. Oswald called witness =
4 ofab- put his arm his shoulder and asked him
u take drink with him; think Oswald said he &c
ing to turn himself loose but do not know when
Il made, whether he intended tu get drunk. Wit
ness not allowed to state his opinion. If had bes
said in anger or earnest witnens would probably
have noticed It; he said he going to turn hinAel
loose, but don't know who he said it to, whether
was said.
in til. saloon about o'clock in the afternoon and va
b drinking; he WAS there again in the evening" he WI
treating good deal and was being treated by the boy
saw him at the time he had the knife out. (Eytdenc
to McWeeneys character pug1llist and hghtin
G man ruled out by cOurt.)
9 William Cowan called and the part Of tL
defense. Oswald was drinking in bosing Doyles u
loon; he moving and scuffiing around the room
was in the room when Oswald wa pulled over on til
moor in friendly way; were fo1Dg around and Wit
pulled him over witness also pulled Hops Oh tn
piano STOOL did it for nwtness pretty we'll flle
4 up himself; he was feeling good.
: CLANCY McTaggart called and sworn by defense. VII
had hunting knife and loaned II To Oswald abou
five weeks before the shooting; knife loaned to hin
to g. hunting witness asked defendant for the knit
two or three times, because hs wanted it, the last tim
before the shooting that witness spoke to Oswald sbou
bringing the knife lack TO him the day before;
j | had blade between six and seven inches long.
VIM. T. ODOnnsll called and sworn by the defense
4 M Orhlua afts}n at IArtmnuth \
assisted in making postmortem examination; had th
minutes that made then and accepted by u.s. Nc