Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-06-07
WHITECAPPING Case.
The State Witnesses in the Fraleigh-
Beech Assault Case End Their
Testimony.
The Gull River Lumber Company
Secure the Insane Asylum
Fuel Contract.
Bismarck Citizen Undertakes a
Trip of 10000 Miles Over
land-Other Notes.
District Court,

eAAAo wax ohS up "1UA LIE
cross.examination by MI. Boucher. The
witness said he was approached by Beech
on the 10Th of February. having been
introduced to him by Frank R. Little.
Beech gave HIM $3.50 and told him that
the boys were going to have a time and
"blow" themselves, and he (Oakes) might
as we'll spend the money as not. Beech
added that they we're going to have some
fun with a fellow who had been causing
trouble between a man and his wife, and
be would like to have the witness Join
the boys. The witness then detailed the
%journeyings of the quintette prior to the
assault on Fralelgh. They visited
Dietrich's Thisthlewaite's and McCle-
lan's saloons, and bad drinks there.
Then they found Fraleigh; Evans
was the bad a of the crowd, who
did all the beating of Fraleigh. Cakes
claimed that he stood by and looked on,
nervous for fear he would get hurt him
self, and finally Evans hit Cakes on the
face with the lime brush and threw some
of the lime into his eyes. Then Cakes
went away and to his house. While the
work of thrashing Fraleigh was going
on Cakes heard a voice about twenty
feet away, which sounded like Beech's
voice, saying 'give it to him lboys, give
1T to him faithful" Later the defendant
went to the house of witness and told
him that he need not be alarmed as the
police had all been fixed.
Constable Il. M. Barnes, who was act
ing as night policeman last February,
said that early in the evening Beech
went to him and told him that he would
like to see him about IL o'clock at night
at the east end of town. Later on wit.
ness learned that the defendant had told
Policeman McHugh that he wanted to
see him at midnight at the engine house
So the witness stayed at the west end of
town. The witness denied the i%nsinua-
lions of prior witnesses to the effect that
ne had been drinking during the even
ing, He detailed his experiences around
the place where the assault on Fraleigh
had been committed. He saw several
men running away from the scene of the
assault and overlook Beech on the spot.
The direct examination of the witness
was concluded and court adjourned for
the evening.
This morning the witness Barnes was
cross.examined. He denied that after
the assault he said ''the boys gave it to
him pretty good, but they ought to have
tarred and feathered him." Witness
never knew Fraleigh prior to that even
ing.
Hugo Salberg detailed the perform.
ances of the night of the 10th of Febru-
airy last. He represented that Beech put
up the job to assault Fraleigh. Beech
provided coats for the parties to dis
guise themselves with, when they went
out to assault Fraleigh.
Fraleigh also testified. He detailed
the rough and inhuman treatment he re-
ceived. He only recognized Evans
among the four or five parties who as
saulted him. He said he could, prior to
the assault, read the finest print without
glasses, but since he had difficulty with
his eyes. He wa going home on the
night in question, when Evans grabbed
him by the arm and said he wanted to
speak to him. The witness thought
there was a mistake and said so. Just
at that moment he was grasped around
the neck and partially choked. A rail
was then thrust between his legs, one
man got hold of each end, and two men
held him on the rail. They pulled off
his coat, pulled down his trowsers, beat
him with a whip, whitewashed his neck
and face, filled his eyes with lime, and
knocked him over the head with a brush.
The state rested it's case and Mr..
Boucher addressed the jury. He said
the defense would try to show that what
ever was done on that night was not
done with the intention of committing a
felony or for the purpose of injuring Mr..
Fraleigh.
Mills Beech was the first witness for
the defense. Mr.. Boucher tried to OK.
anime the witness as to his wife, and the
relationship Of Fraleigh to his family,
but the court ruled it out as immaterial
on the ground that it made no difference
in this case what the relationship was.
The defendant then testified that on the
evening in question he had a talk with
Frank r. Little, and told Little that
there was a man in town by the name of
Fraleigh who had caused some little
trouble with his family, and some of the
boys were talking about giving him a
scare. He also told Little that Con-
stable Barnes had said that it would be
all right to give a dose of feathers to
Fraleigh.
The defendant was in the midst Of his
story when court adjourned for the moor
recess.