Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1888-01-28

~ SSAS ~AJ
drinks then, did not see a pistol in Meals
hands while in Toms saloon; Neal did
not talk very loud and did not act as il
he was much excited; the revolver I put
in my pocket at the Oriental was in my
pocket at Toms; it is now at the hotel;
Neal stood near the middle Of the bar
when the shot was fired; I had the bottle
in n hand and the glass in the other
when the shot was fred; after Neal fell
I saw a'rSvolver on the floor; 1t lay be.
tween his feet and the bar, q little to the
right; itlooked like the pistol we lad in
the Oriental hotel; dldn't.hear q word
passed between Neal and Tom in the
saloon; don't know whether the pistol
carried was loaded or not; Neal and
were in Toms saloon the evening before
the shooting when a game Of poker was
going on; was in the game myself; the
game was suddenly broken up.
The district attorney objected to coun-
sci making cross-examination as to the
history Of that game Of cards. The court
sustained the objection.
Continuing counsel for defense asked
il tho witness heard Neal make any
threats against Tom. Objected to. OBJ
lection sustained. \ number of ques-
tions of like import were asked. and OBJ
jections made on the ground that it was
not proper cross-examination. The
question, Did you hear any threats dur
ing the day? was finally allowed.
Witness-I don't remember whether
he said anything or not. I wouldn't be
sure.
Redirect-The revolver l carried be-
longs to my wife; there was no ~conspira-
cy between myself and Neal to tear
Toms bar down or do him any injury;
did not put the revolver in my pocket
for that purpose.
Recross-examination-Didn't see Tom
at any other place than Ills saloon that
day.
Observation-Disclosures was in the saloon
when I went In the first time; I had q
drink there.
observation-disclosures asked
witness if he had a consultation with the
prosecution after adjournment Friday.
Witness-No; was in Mr.. Morgan's
office with other witnesses, and case was
discussed generally.
Louis Berg called-knew both parties
to this affair; saw them shortly after 4
o'clock in Hillerman's saloon; had been
there about ten minutes when McKeague
came in; he came to the stove and stood
beside me; Nealreplying to Marsh, said,
"its d-n warm days" Cassiday came In
with Neal and stood near the bar; Neal
wen: over to the bar and called some Of
the boys up to have q drink; Cassidy
stood on the south side and Marsh on the
north side al they faced the bar; when
the bottle was put on the bar. Neal
caught hold Of the counter and pulled
it; Neal said to Havrsvold. tho bar
keeper, "You would hit me-" Havreyold
replied, II just took tho bottle to keep
it from falling;'' only saw mi bottle on
the bar; Neal then said he felt Just like
tearing the bar down; he then moved to
the north end Of the bar and tried to pull
it over; he thon went back to tho center
and jerked 1T; he then stepped back .
little and put his hand back under his
coat; then saw IIlllerman turn around
and take ashotgun; as Hillsrman turned
and raised the gun I turned my face to
the east wall SO a. not to sec what was
done; when 7 heard tho shot + again
turned and saw Neal fall; saw him point
the gun at McKeague; saw no revolver
in McKeague's possession that day;
didn't hear Neal say anything after he
said no felt like tearing down the bar;
Hillerman went behind the bar soon
after Neal came in; I went where Meals
body was lying and saw that no was shot
in the head; saw q revolver lying on the
right OF him; four or five feet from tho
bar; Hillerman walked from behind tho
bar and out the door; didn't hear Hiller-
man say anything at any time; IN the
morning I saw the revolver that lay
near Neal; saw it back of the bar in the
Oriental saloon.
Cross.sxamination-Cassidy came In
the saloon with McKeague; Cassidy
ierked Marsh's chair and he got up.
Neal caught held of Marsh a little while
after he got up; Neal went oyer to the
bar and callod for drinks; after Neal
jerkedss tho bar Cassidy said, Don't
tear the bar down Till we get our drinks,
then we'll go get our oysters; Hillerman
wen! behind tho bar before drinks were
mentioned; he stood near the window
smoking; Neal was bare handed; when
he took hold of the bar he said lie felt
like tearing tho d-n bar down; tho
glassware rattlod; the second time he
took hold of tho bar he tried to pull it
down; some bottles and glasses fell on
the door; don'tthink Hillerman changed
his position; Neal then went to the mid
die Of the bar and gave another jerk; he
seemed to be very excited; his face was
flushed; he stood on the floor when he
jerked the bar the third time; he then
made a motion for his rear pocket. it was
all done rapidly.
Redirect-Didn't see a revolver until
after the shooting.
Court adjourned until Monday, ut 1880
p. m.
MONDAYS PROCEEDINGS.