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


to buy or sell lottery tickets.
court Notes.
Continually
The court was we'll filled OH Tues.
lay afternoon t'y II crowd of prnpl,
eager to listen to the details of til. |
case of the State VS., Frank Norris, 81.
md listen to the able astuteness and |
''loquence of that far famed criminal
lawyer "Bill" Erwin. of Minneapolis.
who with Attorney Gaffnry appeared
for the defense, while our own alrr,
District Attorney Kneesllaw was as
sisted by Judge Pratt, Of Grand Forks.
In anticipation of the criminal suit.
special vrnire had been issued fm
fifteen more jurors, to fiji vacancies.
Contrary to the general expectation.
the jury were selected with hut little
delay. and considering the character
Ut the case, tut few challenges. TIL
jury us drawn. consisted of j. J. Guam,
E. G. Lee, Fred Pacholke. VIM.
Petzold, S. l.. Haight. Bj. Bjornson,
ID. Graham. j. Ernson. T.. W. Wake,
5. NJ. Young. $. N. Venton and Clas.
McGuin. All witnesses OIL both sides
ut the case were excluded from the
court room. The defendant pleaded
not guilty to the indictment. Dep.
nty Treasurer Schafer was sworn
as interpreter. District Attorney
kneeshaw after reading the indict.
ment to the jury. made u short address
in which he said he felt his own ina.
Mlity as u country" lawyer to cope
with so famous II criminal attorney
"s Mr.. Erwin. but that he expected to
win his case in spite of the ability Of
the DEFENDANTS lawyer, by IL simple.
plain presentation of facts from hon.
~st straight toward witnesses. He
did not know what the theory of the
defense might be self defense, Il drunk.
Oh row, or even might try to prove
that Miller had shot himself; there
was no telling what a subtle lawyer
like Erwin might attempt to provo.
Mr.. kneesllaw then outlined the stor,
Of the shooting, very nearly as the
witnesses for the prosecution told it
directly afterward.
The first witness called, was Gustav
Miller the victim Of the shooting, who
answered through the interpreter.
lie testified he was about thirty years
Of age. born in Russia, worked for
Morris last summer. On the Goth of
July witness was eating supper, when
Frank Morris returned from Npchp
where lie had been that day. \ few
minutes after Morris drove mp, the
witness started to go out. He met
Morris near the door supported Ivy his
wife, Morris appeared to he somewhat
drunk. AS witness came out, Norris
ran ut him and struck him in the face
without provocatiOn and afterward re.
le;sted the blow, Mrs. Morris rpmon.
strated with her husband saying, "Lpt
the man alone he is the hest man yum
have" Morris then looked aimut for
a stick to strike witness again but wit.
ness went away to the woods near l,y
Some time had elapsed, when between
eight and nine clock. u fellow named
Daniel Miller. but not u relative, came
to witness and got him to go hack to
the granary where tho lab0rers slept.
to 90 to he'd. After getting back
Morris came out and asked for the
|s-of-h, meaning witness. He want.
ed witness tO 50 to the house will, him.
Daniel Miller and Morris went OH: first
and witness followed, but getting
frightened turned and started for the
granary again. just rs witness put his
hand on the wooden bolt trying to
open the door, Morris fired revolver.
and the bullet struck him in the wrist.
Daniel Miller standing behind Morris
ut the time. Witness OH direct and
cross examination testified that lie
never threatened Morris, oreffered to
strike him. at any time. On cross ex.
animation, Mr.. Erwin asked a great
many questions as to certain state.
ments made by witness to others,
some of which might he construed to
reflect OIL the young woman witness
Rosalie Gessle whose testimony follow.
ed Millers; other questions referred to
plot made with other workmen to lick
the ''old man" (NIorris.) that it was
close to harvest time and that he was
dissatisfied with his wages(s2o per
month"; that boy saw him sharpen.
Ing knife on wire fence and that
witness said he was to cut the CUTS
out of Morris. that this plot was made
up to get money from Morris; that
Daniel Miller shot him; that lie
shot himself; that lie was drunk;
to each Of these question. the
witness appeared astonlslled and an.
swered with an emphatic '.nein" (no. J
MI. Erwin was very particular in
ascertaing the exact position of the
witness when shot and looked long
and carefully at the wound. The wit.
ness Is left handed, and testified that
the ball entered ut base of the little
finger, while his hand was OH the bolt.
that the doctor had cut open the
back Of Ills hand, but had not succeed.
ed In finding the ball which is s,,p,nsed