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

A
Thos. A. Hillerman is Not Held
to Answer.
The Prosecution Close the Case
for the Territory.
Counsel for the Defense Ask
for Dismissal.
Arguments For and Against
the Motion.
OPENING OF THE CASE.

OPENING OF h CASE.
Fridays proceedings in the prelimi.
nary examination of Thos. Hillerman
charged with the killing of Neal Nc.
Keague were published in the last issue
Of the INTER-OcEAN, but are herewith
reproduced to make the story complete
in itself:
John McNamara was called by the tor.
ritory. Witness was a deputy sheriff
and resided at Churchs Ferry. Was sem
10 Hillerman's saloon by Hillerman;
saw the body Of Neel McKeague on the
floor, the top Of his head blown off; or.
dered all parties away except Frank Fay,
and closed the saloon; turned the prem.
ises oyer to the coroner McKeague lay
about ten feet from the door; had moth
ing in his hands; his feet were about
three feet from the bar; saw a shotgun in
the room and turned that over to the cor
oner; II barrel wa loaded and the other
contained an empty shell; a revolver lay
on the floor; it was empty.
Cross-examined-I looked the body
over, but did not handle 1T. The pistol
was a large Colt. and lay near the base
Of the bar, near the dead mans feet;
found another Shotgun; did not remove
the guns or revolver until the coroner
came; the empty shell was drawn by the
coroner; the orone arrived about 8
O'Clock the night of the shooting. Ras-
mus Hayrevold, Fay and myself were
there when the coroner came.
Redirect-The second shotgun found
was not loaded; the body lay in q north
OF east position. not in u due northeast
position; saw a gun in the saloon last
fall; do not know whether it was CUSTOM
airy for Hillerman to keep his shotgun
loaded; the gun was = 10 bore.
Coroner Zunieh salled-Hsld the in
quest on the body OF Neil McKeague;
found the whole forehead blown away,
including the left eve; the main portion
OF the brain vas about i've feet from the
head; other portions nearer the head;
back Of right hand black with powder;
feet OF body were toward the bar, and
near them q pistol, u%nloaded; stripped
the body and found watch, 500 in mon
oy and checks, and some poker chips in
the clothing. Examined the shotgun;
cut open tho loaded shell and found in it
Nc. shot; then prepared the body for
burial.
Cross-examined-No powder marks
about tho face; feet two and half feet
from bar: revolver about same distance;
held the inquest Monday.
Tho district attorney objected to the
defense drawing out the course and re-
suit of the inquest, and the objection
was sustained.
Witness said the shot was what he
would call prairie chicken shot.
John Cassidy called-Knew McKeague
and knew Hillcrman; was in tho saloon
when McKeague was killed; there were
ten or a dozen in the saloon; McKeague
stood by tho stove; Hillorman was neal
the bar; I said to Jones ANA Neal, Let's
gets our oysters; Neal said, Let's have a
drink first; Neal, Marsh and I stopped
up to the bar; Neal throw some money
down; and stepped up on the foot
rail; he then walked around to the othe:
sideo Of me, and took hold OF tho bar with
both hands and icrked it, making the
bottles shake; the %barkeeper grabbed the
syrup bottle; Neal grabbed tho bottle,
and also the whisky bottle; Neal said to
Rasmus, the barkeeper, You ----
would you take a bottle from me? Ras-
mus said, No. I just caught the bottle
from falling; Neal said, Til jerk the d.
bar down, anyhow; he caught he bar
with both hands and set right back; I
then saw Tom with his hand on or near
the shotgun; he then took. tho gun up
and shot; I turned round and the room
wa all smoke; after tho smoke raised 1
saw Neal on the floor; I stopped oyer
him and saw that he was shot; smoke
came from his head; Tom then walked
past and went out the door; the shot was
fired in three or four seconds after Neal
.ierked tho bar; his feet were two or three
feet from railing as he lay on tho floor.
CONGRATULATIONS owned interest
in Oriental hotel and saloon; sold out
about Dec. Is; got acquainted with Neal
over a year ago; had dealings with him
every day while running the hotel; met
him about noon on the day of the shoot
Ing; drank with him at hotel several
times; saw Neal leave the Oriental, going
for oysters at Snowden's, he and John
Jones; he asked me to 90 and 1 asked
two others: didn't see Neal go behind the
Oriental bar before going for oysters;
saw him have q pistol, a large Colt pis-
toll; I took the pistol from q little boy
who was playing with it after Neal had
it aud put it away; I took a Smith 4
Wesson pistol from behind the bar dur
ing the afternoon, but did not say I
might need it; the Colt, l think, was be-
hind the bar then; didn't know Neal
had the Colt pistol at all; I followed Neal
and Jones into Hillerman's; Neal was
al the stove when I went in; don't re-
member OF Tom saying. Hello, Jack ito
witness), when I went in; when Neal
threw his money down Hillerman stood
at the south end of the bar.
SATURDAYS PROCEEDINGS.
The court convened ct $50 Saturday
morning and the cross-examination Of
John Cassidy was continued. The wit.
9 in answer to questions said: Nc.
Keague caught hold OF the bar the third
time near the middle and yanked it;
don't remember if Neal swere when he
vanked the bar the first time; Tom stood
in front of Neal then; Neal then stepped
around and came In between me and