Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-04-26

prosecution to pres ent their proof of
crime, first, before proving, or attempt
to prove, the agency.
Charles Schumacher, an engineer on
the Great Northern railroad, was then
called. He testified that on the morn
ing the body was found, he was running
on Train Is, which passed Buford at
about $50 a. N. A little distance west
Of the station he saw an object ahead on
the track, which he did not discern to be
a human body until just about as the
pilot of his engine passed wei it. He
described the occurrence as nearly as
possible, and said he had stopped his
train as oon as possible and followed
tie conductor and brakeman back to the
body. He described it's appearance as
nearly as he could. On cross-examina-
ton he said he could see the face of the
body as he passed over it. Did not know
Of his own knowledge whether the body
had been dragged or moved by the train
or not, but thought not.
w. M. Van Meter, conductor Of the
same train, told of seeing the body after
the train had passed over it. When he
got back to it from the train, the vest of
the dead man had been pulled up in
some way and covered the face. lie de-
scribed the location and appearance of
the body. and told also of seeing the
marks along the track, az though some
thing had been dragged. Followed these,
and found bloody gloves, a knife and q
necktie. He was on the stand at 6
o'clock.
This morning, Engineer LaDue of the
passenger train whichpassed Buford the
morning of the finding of the body, was
on the stand. The intent of the prose-
cution with his testimony, was to give it
as of an expert nature, and to establish
what would be the effect of the striking
or dragging of a body by a train. He
described the construction of an engine,
and was asked as to the effect of a con.
act with a human body, but the quee
tions Of an expert nature we're kept out,
by the objections of the defendants
counsel. s.
An effort was then made to introduce
a train dispatcher's sheet, to show
whether any trains had passed along the
road during the night, but this was OBJ.
jected to, and ruling reserved until later
the record being keptout for the present.
James Stewart, who is bartender at
the post canteen, wal then recalled, and
testified that on the morning after the
death, McElroy came into the canteen
and bought beer and other articles. Nc.
Elroy looked tired and sleepy, and in
the course of his stay spent about SIS,
mostly in silver, and got one SIS bill
changed. On cross examination, the
story of the trouble between McElroy
and Schaeffer in the apple room the
night before was minutely gone over
again, and the witness was subjected to
a searching cross examination, us to de-
tails, and his memory Of other events
than those relating to McElroX.
William Plume, a colored soldier, tes-
titisd that he was in the apple room
when McElroy and Schaeffer had the al.
tercation about the money owed by the
latter to the former. That McElroy had
told Schaeffer that if he didn't pay that
money before morning, he'd fix him
That the next morning, he saw McElroy
and told him that he had seen the body
which had been found, and that it was
that of Schaeffer. That McElroy ha6
said: Eyes, I fixed the -" He had
admonished McElroy not to say such
things, and the latter said he didn't care
who knew it.
On cross examination, the witness sale
McElroy was drunk, and staggering
when he made the remark. Witness adj