The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1895-03-23

Er~natfoaAshat he had killed Henneger. He
stated that Pagtls hadscome to give him
self into the custody of w H. Kirk. who
was a ~ agistrate. and that they went at
once to tie hotel where the latter gentle
man was. After consulting as to
what had best be done. they hitched up
and all three drove to the scene of the
killing The dead body lay as it had
fallen. and after placing some logs to pre-
vent any passing teams from driving over
it. they came to Bottineau where the &C
cused was placed in custody of the sheriff.
RID A. NJ.
lanes Kirk was again called to the
stapd and the direct examination CON-
tinued. A map of the ground on which
the tragedy occurred. was exhibited by
the state, and some errors in it were
pointed out by the witness. The cross
examination developed nothing new, save
to slightly alter the apparent animus of
some occurrences. w. II. Kirk was then
called to the witness stand. But little
new evidence was secured from him, his
testimony being substantially the same as
that of lanes Kirk. Considerable fenc-
ing occurred between the attorneys at this
time, the evident intention of the prose
cution being to show that Pagels had con
cealcd himself behind a stump which
stood near, while the defence was deter
mined to show that such a conclusion was
impossible. Ex-Sherif Halls was next
called to the witness stand. He testified
that the Kirk Brothers and Page!s came
to him the right of the killing and that
Pagels made a statement of the circum-
stancesi in the case, substantially as follows:
That he (Pagels) had started from
Kinks hotel to 60 home. That he met
Henneger, who came toward him. That
he said to Henneger. Go on. and let me
alone. Idon't want you to waylay me
again. That Henneger came on toward
him, when the fatal shot was fired. Wit
ness also stated that the dead body lay
across the road, and that in the closed
hands were some hazel leaves. which
must lave been torn from bushes growing
beside the road. Joseph Pinkerton was
the next witness. but developed nothing
new, as was also the case with N Meighen
who followed him.
FRIDAY P. NJ.
Considerable time was taken up in map
work. showing the jury the exact location
Of the killing, the nature of the ground,
the various roads and the points occupied
by the two actors in this bloody tragedy.
Our readers may imagine a road leading
from Kinks hotel west and north to a
point about three quarters of a mile dist
ant where it forked. From this point,
one road ran west to the house occupied
by Pagels, while the other ran in a more
northerly direction to the Henneger place
on the lake shore. Just seventeen PAGES
from where the road forks, on the road
leading to his W place, was where the
body of the murdered man lay when first
seen From that point to the nearest
point on the Pagels road, IS about thirty
feet, and it is claimed that is the spot
where Pagels stood when he fired the
fatal shot. Near that spot is a small
stump. and it becomes apparent that the
state will claim an adjustment behind
this stump. X. !. Brekke and ex-State's
Attorney Stewart were the chief witnesses
of this session, the former getting consid-
rab ly confused under cross examination,
but the latter wasn't SO easily handled
not quite. Right at this point it struck
us that the convenience of the press had
been entirely disregarded in the court ar
rangements, probably because it had not
been thought of, and we wan to suggest
that hereafter a chair and desk be placed
at the disposal of the newspaper repre-
sentative. We feel freer to make this
suggestion in view of the probability that
the writer of this will never again visit
court in this capacity. We call attention
~ tuiS, hlO"iuS tudl our 1uOSt courteous
sheriff will gladly see to it.
During this session.. the testimony of
Mr.. Pagels beforethe coroner, was read,
but contained nothing not already known.
DR.. E. S. Fiske was the last witness called
by the state, and in a most clear and
lucid manner gave his testimony as to the
cause of death, and other points requiring
expert testimony. Cross examination
failed to shake him in the least. The
state rested its case here, and court ad-
%journed until 9 o'clock Saturday morning,
when the defence will begin. At this
point, we do not like 10 make any COM
ment, or express any opinion as to the
merits or dement's of the case, but will
endeavor to lay the defence clearly before
|Aur readers next week.