Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-12-20

aHecClng STATEMENTS alleged to have been
made by the deceased, Severson.
Mr.. Hammond sought to have read to
the jury the testimony Of Drs. Stickney
and Smyth relative to the boy Roehm,
which had been given in the absence of
the jury.
Judge Winchester said that if any evi-
dence was adduced of the character asked
for, it should be received from the wit
nesses themselves. The effect upon the
jury might be different if they heard the
stenographer read the testimony, from
what it would be if they heard the wit
nesses themselves. But as there wal no
objection, the testimony was read and
the defense rested.
Thomas Grozier was called by the
state. He testified to Mr.. Wadsworth
being taken from the court house at
Medora on the evening of the inquest
last January, and said his best recollec-
ton was thatit was while the boy Roehm
was t%estifying.
This afternoon Schuyler Lebo was
called to testify as to the reputation of
Marcus Wadsworth, and he pronounced
it bad. Declared his reputation had
been that Of a rustler and cattle thief
for ten years. Had heard different peo-
pie accuse the defendant of taking horses
that did not belong to him.
A. Young gave similar testimony.
Mr.. Miller here announced that the
case for the defense had unexpectedly
closed very suddenly, and there are wit
nesses for the prosecution who cannot
reach Bismarck till tomorrow morning.
He therefore asked that court adjourn
till the morning. He said that the at
torneys had some little to do in the work
Of preparing instructions, and the time
of the afternoon could be we'll taken up
by that work.
Court then adjourned to tomorrow
morning at $50 o'clock.
SATURDAY.
This morning Mr.. A. T. Patterson tes-
titled for the state in rebuttal. His tes-
timony was to the effect that he acted
as attorney for the boy at the inquest
held or January l, 1895, and strongly
and repeatedly advised him to tell the
whole truth. 1t is probable thatthe boy
received the impression from what the
witness said to him that his punishment
u,0,,11 l1 1srr1+on - ho %o1l +Lo %~,,Al
Jeff Mcdonald, a Billings county com
missioner was called as to the character
of the defenant, and said it was bad.
He had heard the SANE kind of stories
about hundreds of others; heard he was
in the habit of branding colts that did
not belong to him.
The state rested again and the defense
proceeded to put in witnesses as to the
defendants good character. F.P Stone
of Dickinson was the first witness. He
was followed by William Ray, E. Deffe-
bach, A. G. McGillivray who testified to
the general character of Mr.. Wadsworth
as good. Court then adjourned for the
morning.
This afternoon the defense put E. E.
Mikkelson or the stand again. His tes-
timony was that he had known Wads-
worth since 1884, and that his reputa.
ton was good. The defense rested its
case again, with the testimony Of, this
witness.
The state then called S. M. Ferris in
rebuttal to some previous testimony OF
the defense. He testified that on the
occasion of the inquest at Medora, Jan,
uary l, he al present. That after the
boy Roehm began to testify, Thomas
Grozier entered the room and spoke to
General Hughes, who was conducting
the prosecution. That the two went
out into the cell room, back of the room
where the inquest was being held, and
witness went also. That Mark Wads.
worth and Carl Holmberg were in the
cell room, and that Mr.. Hughes asked
that Wadsworth be removed, as he
wanted the witnesses kept separate.
This testimony is in rebuttal to that
of Holmberg, who testified that he took
Wadsworth away from the Jail before
Roehm began to testify. The point in
question is the testimony of the witness
Lebo, who says that when Roehm was
called to testify, Wadsworth said to him
that ''they thought they'd get some
thing out of him, but he'd keep his
mouth shut" The defense's claim is
that Wadsworth was not there and could
not have made the remark, while the
state claims he was present at the time
the remark was alleged to be made.
The witness was being cross examined
by Attorney Simpson at press time.
MONDAY.
The Wadsworth murder case, which
, has held the attention of the district
court for three weeks, is over, SO far as
the testimony is concerned. It was fin
ished Saturday afternoon, with the tes-
+in,onv of CHM Forr;o tu,hon both c;1ae