The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1890-02-28
thirty feet, stooped and looked under

|
a porch floor. saw the handle Of a
hstcl'et slightly protruding, which he
Immediately secured. The hatchet
WIS an ordinary one 81 good size, with
handle longer than usual. the
crevices Of which were filled with
bright red blood. though the surface
was clean and white AZ IL from a
recent washing. Returning to Neche.
the officers brought the hloody clnthes
and Ratchet with them. The gun
WAS examined aud on ita stock were
found two bright spots Of fresh hl"otl.
while the general surface Of the gun
appeared IA IL recently wiped. The
prisoner was then taken to Bathgate.
On the road to Bath0ate, lie explain.
ell the hl"od on the Ratchet, Ivy say.
ing it was hl"od from killing chickens
and Mrs. Fisher. in a conversation
later. with Mrs. Druse Of this city,
explained 1t in the same manner.
The above comprises all Of the
main points If evidence given hy the
witnesses for the prosecution. reduced
t" narrative form. emitting minor dc.
tails and repetitions.
The defense was an alihi. Mrs,
Fisher, the daughter lena, a hired
man and Fisher himself, swore IL hp.
ing at HON" all that day. evening and
night. and Mt about the time Of the
assault. or little later. that Fisher
went to he'd and remained there until
morning. They all sw"re to the
Strengthening Of the little pig the day
Of the assault; Fisher and the hired
man showed h"w the man held mp the
mig hy the heels while Fisher stuck II
and thus got hlood nn his cl"thes,
They also 81 d that Fisher used the
Ratchet in emitting up the little pig.
as did Mrs. Fisher, who then washed
i: "ff. and gave It to her daughter VIII"
put it under the porch to keep the
flies from it. In reference to the gun,
they all swore. that Fisher had taken
it down just after killing the pig to
shoot - liawk, hut the hawk flying
awav. shot at a mark and missed it.
The defense prodmced an old tin can
containing few round bullets which
Fisher claimed to have moulded in
Germany. and which fitted the rifle
halrel of the gun. Fisher claimed
that lie never had fired anything hut
those bullets from this barrel, hut n
juror pretty near hr"ke up the whole
proceedings Ivy declaring to Deputy
Sheriff Hart, at recess. in the cnurt
room. in the hearing Of Attorney Err.
win: "Tl'at he knew enough about
guns. to know from the appearance If
the grooves that shot had been fired
ont Of that barrel"
| On the reassembling Of the co,,rt, the
attorneyt for the defense. promptly in.
formed the judge of what the juror said,
and moved first that the jury be dis.
lclarped on this account. and again tina,
the prisoner be discharged; bo.h Of
which. motions were over-ruled l,v the
Judge. and the trial proceeded with 8
caution from the judge. that the jury
must not make up their minds until thu
evidence was all in. The load from the
other barrel was Withdrawn. and g
charge Of powder and shot of irregula,
sises were found. The prosecution alse
introduced four shots taken from Kahn.
face which were also of different sizes
Dr.. Donovan, in testifying to the where.
sbouts of the missile supposed to be a
bullet that made the hole clear through
Kains cheek, said it had probably been
stopped by the jaw bone. dropped into
the mouth and spit out with the blood.
For some time after the assault Kahn
was a terrible sight, his face hav,rp
swollen horribly and his condition waa
precarious. Except the total luss of one
eye and badly Scared cheek, he l,as
completely recovered, and made good
impression on the jury by his intelligent
and apparently truthful answers.
Judge e. B. Pratt summed up for the
defense and made an eloquent plea for
the acquittal of the prisoner. In many
respects, Fishers defense was very
strong, and the evidence of the fifteen
year old daughter was the strongest
point; her testimony being clear and
positive to the presence of Fisher at
home at the time Of the shooting, aud
~as equally clear in reference to the
blood ON the Ratchet and clothes, COM
from the pig. But OH the other hand,
ATTORNEY Kneeshaw showed in a clear
and convincing argument. that both
Fisher and his wife, had accounted fur
the blood by the killing of chickens, un.
Ill they discovered that while mlcrosc,.
pic examination would show a decided
distinction between chicken blood and
human blood, but few experts could
distinguish between the blood of pig
and human being. Mr.. Kneesl.aw also
emphasized the positive Identification of
Fisher by Kahn. His theory of the mo.
tive, was that Fisher had been hired.
and showed that the girls story did not
agree with that the slerifi's deputies.
MIR. Kneeshaw spoke for over two hours
and made most excellent argument Tor
the state.
The jury, OH retiring spent about two
houis in consulting, though it is under.
stood that they were all practically
agreed when they went ont. The first
ballot was on the question as tn whether
it was possible for Kahn to identify
Fisher, aud the result was unanimous
in the affirmative.
Nearly all the spectators. with which
the room had been crowded, had given
up hope of an Immediate agreement,
and had gone home, only the Judge, a
few lawyers and court attaches remain.
Ell. arrangements were already made for
giving the jury their supper, when word
was brought that they were ready.
Filing into court the roll was called
"tientlemen Of the jury, have you agreed
OH a verdict" asked the judge. "Guilty
as charged in the Indictment" answer.
Al