The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1890-02-21

men in the field pulling stulnps. in the
about five o'clock they got
ll'ree-f'urths OF gallon of wl,iskey wlicI,
WAS all drank; Gustav Miller got crazy
crazy drunk, and said " by gosh, I'll do
the old man up" On the 2Srd of June
Gnstay had been discharged and sume
Of the men said I" if you 70 we'll all 60"
When Morris came home witness was
the only workman ut the house eating
supper. Witness-1 went out and l,elpe,l
the boy take care of the team. When
coming hack in about three quarters Of
III hour SAW two men running away. l
stayed at Morris house until 10 O'Clock,
Morris sat in CHAIR all the time.
On cross examination Miller swore
that Morris sat beside his son OH the
seat when lie came home but did not
know or care D. OH which side.
NARROW Fadden, deputy sheriff testii-
ed as to the arrest Of Morris next morn.
ing. Witness heard Resale Gesslc says
that :" she had seen nothing and knew
nothing" That Morris cuune home sut
in char and did not 20 out during the
evening. but went to bed and stayed
there. Morris WIS in dazed condition
when arrested and asked his wife what
lie had done.
Messrs. LaPorte and Ga1'ney then
gave some evidence as 10 measurements
in the vicinity of Norris house.
Frank Morris, the defendant was then
sworn in his own behalf. His testimony
of the trip to Necl,e and hack, was SINH
lar to that oftI'e boy Charley who was
with him. Witness was pretty certain
he rode home in the hind end of the
wagon. Was 80 drunk that he did not
know whether wife or girl helped him
in the house. sat there haitian hour or
more. hardly three quarters, was too
drunk to walk up and down ms Resale
testified. He went out, Gustav Miller
met him, knocked him down in the
wagon box, and struck him fifteen or
twenty blows owe, the back of the head
with something that witness thought
must be sharp instrument, becaused it
made long deep cuts. Mr.. Morris de-
MED offering to settle the trouble will,
money or offered Resale or other wit
nesses money if they would leave the
country. Mr. Morris explained recent
visits to Winnipeg, that lie went there
to procure Us witnesses two strangers who
had come along that day aud stayed all
night, looking for work, and that he met
Daniel Miller by accident, and told him,
he did not have to come across to this
side. he should stay away or lie would
yet in some trouble if he swore falsely az
witness had witnesses WHO would say he
was not out Of the house that night.
MIR. Morris examination lusted two or
three hours, the most of his testimony
being corroborative of what the other
witnesses said. The general impression
by the hearers being, that Mr.. Morris
seemed to he too drunk at the time to
remember any thing that would damage
his own case and suber enaugll to re-
member all in his favor.
Joseph LaPorte, then testified as to
the manner and place of Morris injuries
ut NeclIe.
DIR. Donovan testified rs TO the wound
ON MiIler's wrist; that it was too swollen
tn extract or find tile ball cts. That Gu .
through the skin Of the scalp would GER
tainly leave scars.
DIR. Sutton who assisted Or. Donovan
testified similarly.
DIR. Harris made an examination of
Morris head in court and testified that
lie only found one scar and that OH the
back OF the head. There were also two
scars over the eyes, small one OH the
lett eye, and a large one on the right,
witness had examined hand and was Ger.
tain some foreign substance similar to Il
bullet WAS imbedded there.
II. X. Vaughn, Louis Rene. and ]. II.
Abrams testified that they believed
Edward Miller's reputation for truth was
bad. Lee Scribner, John Kabernagle
and WIN. Moohead, testified to the OPP.
posite, though Moorl,ead qualified his
testimony Ivy saying he had heard PEG.
pie call Miller liar, but he thought
them liars themselves.
John +. Miller. q farmer near Batl,gate
had Gustav Miller work for him after lie
was shot. Gustav Miller wanted witness
to 10 to Frank Morris and settle the
,natter for $500 or $1,000. That he
conld take the money, ~ bach to Russia
ana fix up farm there with that much
money.
NARROW Fadden testified that Gustav
Miller had said TO him that Frank Nor.
ris wanted to settle for s., 600 but then lie
wanted 5000.
We regret that owing to the fact, that
in the interest Of the county, We had to
suppress the evidence given last week,
that we have not the space this week to
give tile evidence more in detail. For
the same reason we cannot give syn.
op~is of the arguments of the eloquent
counsel on both sides, of which we took
copious notes. And in brief, can only say
that Messrs kneesi,aw and Gatiney in
opening for their respective sides did
honor to the lpcal bar, while tile logical,
persuasive, sarcastical and eloquent Err.
win. and the smooth. witty, keen. and
not less eloquent Pratt, made arguments
unequalIed in the history of Pelnbinx
courts. Each Of the latter spoke nearly
three hours. and every sentence was a
telling blow for the innocence or guilt of
tile prisoner. The crowd in the court
room listened with undated interest to
the end.
The Judges charge was particularly fair
and yet seemed ~ give the opp ,rtunity
Tor acquittal or mitigation if the jury
thought the evidence would bear it.
But it only took fifteen minutes Jfsstlhl
o agree on the ye~'ict guilty ne 4
ID in the iudip'dent."