The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1895-03-30
rfConcI1
SATURDAY.

LUG CIOSS cAdlHliIaIIOH III III. TiShS
developed the fact that the defence in
tended to throw a doubt on the doctors
statement that the bullet had gone through
the spinal column. thereby producing
instant paralysis, and that instead it had
travelled around the spine as is not un-
common in such cases. After much
skirmishing it was suddenly developed
that the doctor had. at the autopsy. cut
clear down to the spine, had thrust his
probe through It, had felt the hole in the
bone with his finger, and in this way knew
the bullet had struck the spinal cord.
Later developments showed, however.
that a doubt had been created in, the
minds o. the jury, and their actual belief
was that the bullet had not cut the spinal
cord. During the entire day and evening.
The defence labored to show the jury by
witnesses. that Pagels had real cause to
fear for his life; that Hsnneger was a
violent. vindictive, law-breaking. danger
Gus man.: that he was an anarchist; that
he had severely injured Pagels and threat
ened 10 do more of the same; that Pagels
had always borne a good character. and
really was in danger from he deceased
before his death-of course. Quite a
number of witnesses had been sent for to
Devils Lake, and considerable comment
was caused, as one after another they
took the stand and swore to the bad
character of the dead man. Judge Duelf,
ex-Sheriff Wagness. Chief of Police
Pierce, Officer Stirk and-''Jack the
Giant Killer as Bosard called him-one
and all swore that they believed him a
dangerous man.
DR.. Howard was called to the stand and
testified that the wound as described by
DR.. Fiske would cause almost instant
death. DR., Greig was also called, but
excused without being asked any quest
ions of any importance. Thomas Gard
ner and Frank Crandall testified to hav-
ing been at Pagels' house in June and
that his appearance vas that of a man
who had been very roughly handled.
That they had gone from there to Henne-
gers. and the latter had told them he was
not through with Pagels yet. All this
had great weight with the jury as show
ing that Pagels was in danger Of life or
MONDAY.
DR.. Greig was recalled to the stand and
testified that the momentum of the bullet
when it struck the body was thirty pounds.
The doctors testimony melted into thin
air under the fire of Bosard's cross ex-
and his testimony on that
hs again took the stand armed with a
copy of the U. S. Military Hand Book. a
on these matters. and his testi-
mony was allowed. David Williamson
swore to having seen the fight between
d eceased and the defendant, which look
place. about three weeks prior to the
His testimony went to show that
Was no match for Henneger. as
as his belief that the former was in
This was all the testimony of
any importance, and both sides rested.
After a few minutes preliminary work.
Attorney Burr arose to address the
jury. We have always had a high opin-
ion of this gentlenan's ability in most
lines. but we never supposed his strongest
point would be in pleading. We were
very ~agreeably dispointed. however. as
for about three quarters of an hour we
to a most forcible, logical, and
presentation Of the case as seen
by the state. Without any attempt al
or rhetoric, the plea was yet
to with the closest attention. and
only favorable comment heard. Mr..
Burr was cool, calm and %digni6ed. rs be-
came one who pleaded for justice and not
for vengeance. and not one who heard
him but said the case could scarcely have
been presented better. Major Maglone
followed for the defence-but the Major
shines somewhere else than addressing a
Jury. V:B. Noble then took up the case
and made a most impassioned plea for the
prisoner. Point by point he reviewed the
testimony; attacking the reputation of the
deceased, he represented him as an an
of the most dangerous type and
one of whom the country is well rid.
while on the other hand, the defendant
a man of spotless reputation and the
most peaceable. law abiding disposition.
He reviewed the evidence step by step:
called in question the character of some
of the testimony. ridiculed witnesses and
appealed to the jury by every art known
to man. Mr.. Bosard closed with a short
address, very pointed and concise-and the
Judges charge was given. We should
like to be able TO reproduce this charge.
as it was a model Of simplicity. directness
and comprehensiveness. Every detail
was clearly explained and 40 possibility
of a misunderstanding remained. Thomas
was then sworn as bailiH. and the
jury committed to his care. after which
adjourned till six o'clock. The
verdict. with its attendant details. are
given elsewhere in this paper. and need
be repeated here, Court then ad-
journed without day. =" ~.&% II
4 % r Troop ,. Attention I
In compliance with Special Order No. 2:
An the memhers Of Trnnn. q are com.