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

so ttstiii. d that when the sheriff sab
! GiIari heras II witness, Norris asked
hrr what Was she going to say. She
said she Was going to tell the truth.
He told her to testify that after he
came home. that he went to he'd and
wentto sleep, and that she should not
say that he did the shooting. "IIe told
me that l should speak well of him
,.nd lie would pay the for it,"
the direct examination having con.
rlu,le'l and 1t l+ing six O'Clock, the
jury were cautioned hy the court not
Z" converse with any body about tile
Ease. and dismissed until half past
nine Wednesday morning. W-dnes.
'iay morning the cross examination of
Miss Gess.e was continued for over an
hour with nothing new elected or
making her cross her story.
The next witness for the defense
was Daniel Miller. Miller is IL man
about % years of age, horn in Russia
Poland, and has been in this country
'hree years. He speaks only German.
lie was All eye witness to tho whole.
If the row and his story is almost ex.
actly the same as that Of the two pre-.
ceding witnesses. He stood close by
at the time of the striking and ut the
shooting, and testified that the assault
was entirely without prOvocation.
That lie and Gustav Miller were
sober, though they had drank some in
the field. The most important new
evidence given by this witness was,
that once at Neclle, Morris had tried
to induce him to go to Calgery and
offered to settle him ON IL farm there
and bring h sisters out from Russia.
Again ut Winnipeg about four weeks
ago Morris offered witness 5000, stat.
ing ut the time, that the court could
not compel him to come to this side
IF the line. The cross examination
ELECTED nothing new. and efforts of
council tn confuse the witness were
utile. Mr.. Erwin asked this wit.
ness the same variety of questions
as to plotting against Norris, hiing
drunk etc, to all of which the witness
answered with emphatic "neins.'
The next witness was Mr.. Henry
Douville to whose house Miller went
when shot. His testimony was coli.
fined to the fact of tie man having a
wounded wrist, and that though in a
ln,sition to smell the patients breath
that there was no smell of liquor.
Mr. Andinas Donvil:e, father of the
preceding witness testified us to the
wound and SD far as lie could observe
that Miller appeared perfectly sul,pr.
At this point the prosecution rested
with direct evidence.
Mr.. Erwin then outlined to the Jury
the nature of the defense and the
facts which he propnspd t. prove.
His address was brief and unimpas.
stoned, heing mostly the story of
events us told 10y the witness of the
defense.
Mrs. Frank Norris, wife of defend.
AIT, was the first witness. Mrs. Morris
Is "a malronly lo0king woman. her thin
features. cast in u distinctive German
type, appears to lie about fifty years
or more of age. is apparently intplli.
gent, and shows traces IF good looks
in her younger days.
Mrs. Norris te>timony:-The men
came hume drunk from the field in the
afternoon. Rodemark, IA workman
who has since left the country called
witness into Il room and said, 'Nu,nar.,
l must leave You, Miller is going to
kill me and your husband, because /
am always on your husbands sidp.''
When my husband came home from,
Neche he was drunk; l went out and
dssiste.! him into the house. He came
In. sat in the chair for about half ~,
hour, then got up and went out, stay.
ing about fifteen minutes, came hack
covered with blood; said that Gustav
had knocked him down in the Wagon,
l"x and beaten him. When husband
came from Neche his left eye was GOV.
cred with blond, the other I'VE was all
right. When lie came in his right eye
was black and blue. After the fight
out doors lie slept on u chair until ter,
o'clMk and then went to he'd; did not
get up until morning. There was al.
ways q revolver lying on tho window
near our bed. While husband was out
R"salie was in the room; SAW no revol.
yer in Norris hands when lie went
out or came in. Norris WAS very drunk
but quiet. r sale told the sheriff
that Morris did nothing that evening
but came in and slept in u chair and
then went to bed.
The only trouble know between my
husband and Miller was that my hus.
band had notified him that lie could not
keep him; Rosalie did not come in and
tell me Morris lad shot Gustav, Mu.
Morris was then cross examined. Moth.
ing especially new was elected. The
time OF the boys absence at the stable
putting up the horses. being half hour
but that lie was not in tile house when
his father came in. That Morris was 80
drunk when lie came home that lie had
to he helped in to the lrouse. That
Morris went out to attend call ofnature.
Mrs. Edward. Miller was sworn. and
testified that she was reigl,bor of Nor.
ris; that Gustav Miller came to her
house Two weeks previous to the trouble.
md said that Morris had told him To M