Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-12-06

rifle across a saddle hanging on a peg
commanding the entrance: that Sever
son entered the door, Wadsworth touched
Roehm on the shoulder by pre-arranged
signal, and the trigger was pulled, the
ball passing through Severson's body
and he falling dead instantly; that the
two carried the body to the corral, left
it there, and went to breakfast. That
after breakfast the three went down to
the corral, covered the body up, and the
boy was dispatched to the neighbors,
with instructions to tell that Severson
had been killed by a kick from a horse.
Mr.. Miller further stated facts which
would be attempted to be proven as to
the subsequent holding of an inquest;
the finding of a verdict that the man
had been SO killed: the subsequent dis
covery of the bullet wound, the holding
OF the post norton examination, and
the other acts and circumstances in the
case upon which the prosecution rested
it's case. He finished his opening at
1920, and court then took a recess to 2
O'Clock this afternoon.
This afternoon the first witness called
was A. Young of Billing county. He
said that he had resided in Billings
county since 1882: lives four miles from
Wadsworth's place and twelve miles
from Medora; was at home December
2lst last. In the morning when Fred
Roehm came to his place, witness went
soon after to the defendants place, ar
rived there between 9 and 10 O'Clock.
The defense objected at this point to
the witness t%estifying as to what Roehm
told him, as being hearsay evidence.
The prosecution insisted that they
would prove in this case that there was
a conspiracy between MI. and Mrs.
Wadsworth and Roehm to kill Severson,
and the evidence sought to be intro
duced was competent for that purpose.
The jury was excluded from the room
while the attorneys were discussing this
question.
The court held that it would be bet
ter for the state to first establish it's
position that there was a conspiracy.
The witness was then withdrawn for the
present.
Fred Roehm was then called. The
defense objected to his testimony on the
ground that the name of the witness
was not Endorsed on the information. A
discussion was had upon the subject in
the absence of the jury, which discus
sion was proceeding as the TRIBUNE
went to press.
-
Yesterday afternoon the court ruled
that the boy Roehm might testify, al
though his name was not Endorsed as a
witness.
Then another question arose. The
defense objected to the witness being
permitted to testify, On the ground that
his mental condition is below par, and
the defendants attorneys announced
that they desired to have an examina-
ton made of the witness by a physician.
DIR. Stickney made an examination of
! the witness. The doctor was then placed
upon the stand by the defense. He tes-
titled that the witness, Fred Roehm's
mind was %unevenly developed: his per-
ception of right and wrong, or the diff
ference between right and wrong, is
blunted. But he considered that the
witness was not afflicted with insanity
; or mania. He had the faculty of cum
ming developed very fully, and his moral
nature was deficient. The witness would
! not say that Roehm's mind was not SO
insufficiently developed that he would
not be able to testify Understandings as
to facts within his knowledge. On cross
examination DR.. Stickney said he judged
that Roehm's moral faculties were un.
developed, from the fact that he had
confessedly committed murder. Many
good men are cunning and secretive, as
Roehm is.
DR.. Smyth also examined the witness.
Roehm, and was put upon the stand,
He testified to having examined the wit.
ness, Roehm, and believed that he was
SO deficient in mental and moral attri
I butes that he could not distinguish be.
tween right and wrong sufficiently tc
appreciate an oath.
DR.. Porter examined the witness also,
and the attorneys for the defense said
they did not wish to put on a medica!
expert at this time. But they desired
to have the witness examined by three
medical men, and that their report
should be submitted to the court in due
course.
MI. Boucher therefore suggested that
the matter 60 over to the morning ses-
sion. a
The judge said that he thought, as
far as the testimony had gone, the wit
ness, Roehm, should be used as a wit
ness, and he should be allowed to tes-
as, ,o1 L. 4o.4s-,1 49, 41-o- I-l H. $685.,