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

AooAAS AS /
were laid out; that Wadsworth had in
sisted that this be done, as it would not
do to leave the body lay out there at
in the matter of the impression
that the dead man had been kicked, wit
said he had asked Wadsworth how
it eds death) could have happened,
and that Wadsworth had answered that
he must have been kicked by a horse,
as there wasn't anything else around
there to do it. Further, in this line, the
witness stated that when he looked at
face he noticed blood on it,
and a sort of black and blue mark under
it. The defense tried to bring out an ex-
preston from him as to whether this
had been such a mark as to cause him
to believe that Ed had been kicked, but
the prosecution successfully resisted this |
testimony.
The witness testified as to the entry of
the jurors in the house when it was
found that Severson had been shot; he
corroborated the testimony of the other
witnesses as to Wadsworth's actions and
demeanor upon being informed of the
fact, but said that Mrs. Wadsworth had
not said that she knew something was
wrong and could see it on their faces
as testified by the witness Deitz. No
such remark had been made in his pres
ence. On re-cross, however, he said it
was his meaning that he had heard no
such remark.
Witness was also questioned as to
Wadsworth's physical condition at the
time Of the homicide; how he walked, to
which witness said about half as fast as
the ordinary man; witness was also
asked as to whether he thought, from
his knowledge of all the circumstances,
that Wadsworth, in the condition he
then was, would be able to lift EdSever-
son, but the prosecution likewise OBJ
jected and kept out an answer to this
question.
This morning the cross examination
Of the witness Mikkleson was finished.
Thos. Grozier was the next witness
for the state. He testified that the wind
on the Monday following the date of the
homicide was strong, and blowing from
the house to the barn, SO that the ex-
perimental shot that was fired from the
corral to see if the people in the house
could hear it would not be likely to be
heard there. The witness stated that the
boy Roehm was in his custody during the
Monday that Investigations were being
made, and nothing Was said in the boys
hearing to the effect that the fatal shot
was fired with the gun resting on the
horn Of the saddle. The witness detailed
the testimony taken at the inquest, as
given by the boy and the defendant
testimony that was not taken down by
the coroner. He also identified the
gun produced as the one that he re-
ceived from Mr.. Mikkleson. He de-
scribed the stable in the door of which
it is supposed Severson was shot, the
purport Of his description being that
there was no other place than that de.
scribed by the boy, where the fatal shot
could have been fired from.
The witness was cross examined by
Mr.. Boucher, and when court adjourned
for the noon recess, the state was ready
to call another witness.
This afternoon, Wallace Read testified
to occurrences surrounding the homicide
that the boy came to the Read ranch
and told them that Severson was dead
from the kick of a horse. The witness
then gave the substance Of the testimony
given by the Roehm boy, and Mrs
Wadsworth at the inquest held ut the
ranch on the 22nd of December.
The witness was cross examined by
Mr.. Simpson.
Mr.. James w. Foley was the next
witness.
On Saturday afternoon in the Wads
worth case, Mr.. James w. Foley Sr.
testified. He related the facts as to hi
going to the Wadsworth ranch, and the
inquiry held there on December "a. He
stated that he went at the request Of
Coroner Eaton and DR.. Stickney, ano
the suggestion was made by him thai
the witnesses be kept separate, and on
should not be allowed to testify with
other witnesses present in the room
It was agreed that this should be done
but was not done, and the witnesses
were kept together and listened to each
others testimony. The witness detailed
the testimony given at that inquest by
the different witnesses. He also testi
fed as to the character of the pony
which it was claimed had kicked Sever
son, stating that it vas quiet and old
The cross examination Of the witness
just begun as court adjourned for the
night.
This morning the further examination
of Mr.. James w. Foley was deferred be.
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