Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-12-13

~ Ay AZ SAooAA
was just going out of the door: I did not
go out of the house on the morning of
the 21st with Roehm: [ did not go out
at all before breakfast, nor until after
the boy came in and said that Ed was
shot: I did not go into the barn with the
boy that morning; Fred came into the
house and said: ED is dead!' I said:
is that SOP I did not ask him how he
came by his death: l asked him where
he found him, or he went on and told me
anyway; he said that Ed was lying in
the corral on his belly: I did not ask
how he knew that Ed was dead, and I
did not ask him if he went up and ex-
amined the body: Fred said nothing
more; my wife came in the back door of
the house just as I was putting on my
rubbers to go down and see: she said:
is he dead?' She told Fred to get some
%overcoats and take them down and cover
him up; my wife and Fred walked ahead
of me and l followed them to the corral:
Fred and my wife were standing by the
bony; my wife had her hand feeling of
his head: I stopped about thirty or forty
feet away from Ed; l did not go up to
the body: | was about ten feet away; l
did not say a word;'I staid there but a
minute and went back to the house:
[ did not ask any questions while
I stood there; after this 1 told them that
the horse must have kicked him and
that he was dead from that: we thought
he was dead from that in the first place;
the reason I thought he was kicked by
horse was I did not know there was my
thing else there to kill a man: there was
blood or one of his temples: it looked as
if it was all smashed in; l did not go
back to the corral to make an investiga-
ton: l did not go into the barn to see if
there was any blood in the stall or blood
! behind the horse: I went back to the
house: I did not say anything to the
coroner or the jurors about making an
investigation: | do not remember when
Mr. Young and Read came back whether
[ asked them if they had made any in
vestigation to ascertain the cause of
death: I did not ask them if they had
gone into the stable to see if there was
blood behind the horse: I assumed that
he had been kicked by horse; Fred did
not claim thatihad he examined the body;
no n claimed to mt that they had in
vestigated the cause of death; I did not
request anybody to make an investiga-
ton; I did not tell the coroner that I
would like to have him make a thorough
investigation; I don't remember saying
anything about it: I thought it was not
my business to investigate: [ had no sue
picions that there had been any violence:
I don't remember any talk in my pres,
nee of burying Ed without changing his
clothes; we did talk about burying him
after Mr.. Eaton came; when Eaton came
into the house he said that Ed had been
shot, and [ said I did not believe it. ]
said, I will not believe that Ed has
been shot, till the doctor says so.'
After the testimony Of MI. Wadsworth
had been read to jury the entire steno-
graphic report of all the testimony taker
at the inquest vas introduced in evi
dence, and court adjourned to 2 p. III.
This afternoon R. M. Tuttle was cross
examined as to the occurrences at the
inquest held on January l last al
Medora.
William j.. Read testified to receiving
a rifle from Thomas Grozier, which was
the one produced in court. He also re
ceived seven cartridges with the gun
and he turned them over to Clerk 0
Court Shelton.
Walter Shelton testified as to having
received the cartridges and gun from
the last witness.
Schuyler Lebo testified hat on tn
evening Of the inquest at Medora tn
defendant said to him, referring to tn
boy Roehm: "They think they will ge
it out of him, but they won't; he'll keel
his mouth shut"
y TUESDAY.
The state has rested in the Wadswortl
case. All of it's witnesses have been ex
amined, and it has taken about ten day
to present the testimony of the prosecu
ton. When court adjourned last night
it was until 8 o'clock this morning, il
order to give enough time for the closin!
of the states case this morning. At tn
session this forenoon several witnesse
were recalled and allowed to be eros
examined by the defense, and at lib
o'clock all of the testimony for the pros
e%cution was in. It was the expressed
desire of the defense not to begin upol
its presentation of the case to the jur,
until the beginning of the afternoon SEES
sion. Accordingly court adjourned unit
1:30 this afternoon, when the case of tn,
defense was begun.
THIS MORNINGS SESSION.
The cross examination of Mr.. Fole,
1890. oa,>,~Jak.l Az -. IL. -.L---