Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-04-26
.McELR0Y NOT GUILTY.
So Finds the Jury in the Murder
Case Against the Fort Butord
Colored Soldier.
A Three-Days' Trial in United States
Court. Which Ends Monday
Of This Week.
Resume Of the Testimony for the
Prosecution and Defense
of the Case.
Tho McElroy Case,
APRIL18.

APRIL 81. ~.
In United States court this morning,
the cas against Henry F. McElroy,
against whom an indictment has been
found for the murder Of Post Tailor
Schaefer at Fort Buford last winter, was
called and proceeded with. The court
room was crowded with spectators and
witnesses, the case having attracted
considerable attention and excited much
interest. The defendant was in court,
with his counsel, r. N. Stevens, and ap.
peared cool and collected throughout
the proceedings.
The securing of a jury was at once
proceeded with, and occupied the entire
morning session, the work not having
been completed at the noon recess. The
jurymen called we're questioned closely
as to their qualifications, prejudices,
opinions Of circumstantlal evidence and
the death penalty, and several were ex-
cused. About twenty were examined
during the morning session.
This afternoon, the work of securing a
jury was resumed and a number of
j!urymen were called by each side. The
examining as to the qualifications was
exhaustive, and it was 8 o'clock before
a jury had been sworn to try the case.
After the jury had been secured, Dis
trict Attorney Bangs made the opening
address for the prosecution, outlining
the facts in the case, which the proseou-
ton alleged, the finding of Shaeffer's
body, and the circumstances connecting
McElroy with the case.
Hospital Steward Stoddard was the
first witness called by the prosecution,
and he was objected to by the defense,
for the reason that his name had not
been served on the defense with the list
of witnesses for the prosecution, and he
was excused until the matter was looked
up.
An order was then asked for and
granted, excluding all witnesses in the
case from the room, except the ones tes.
tifying.
James Stewart was then called for the
prosecution, shortly before 4 o'clock.
FRIDAY, APRIL 49,.
Testimony In the McElroy murder
case began shortly before 4 o'clock yes
terday afternoon. James Stewart, a col
ored soldier at Fort Buford, was the first
witness called, and he gave testimony as
to seeing McElroy and Schaeffer in the
''canteen" at the Fort on the afternoon
preceding the murder. They had been
drinking. and both had bought drinks,
Schaefer paying for his, while McElroy
had not paid. He described the canteen,
showing where the bar and other fixtures
were located, and also the apple room, q
little place off from the c~anteen, where
apples were stored. He testified also to
an alteration he had heard in this place,
in which McElroy and Schaeffer were
concerned, and wherein McElroy said
that Schaeffer owed him money, and he
would have it out Of him.
DR.. Carter, Who'll post surgeon at the
fort, testified to the condition and
position of the body of Schaeffer, when
it was found on the railroad track the
next morning. There was a wound or
bruise on the side and on the back Of the
head, while the tip of the ncse was
broken off. He told of seeing evidences
of the dragging of the body along the
track, and he followed these marks
some distance. Found blood and hail
on the inside of the south rail of the
track, and also a pair of bloody gloves
a knife and q necktie near the place from
where the body appeared to have been
dragged. Found three IS bills in
an inner pocket of the clothing o
the dead man, but no other money. He
described the arrangement of the cloth,
ing of Schaeffer, when found. Said hi
thought the break of the nose was done
after the man was frozen, which was thu
condition of1the body when hereached it