The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-07


| the capture, but the defense opposed
the admission of testimony by him as
to statements said to have been made
| then by MusgrOve.
Harrison Traver, of Hutchinson, teti-
| fled that he and M. H. Mckenzie visit
ed the prisoners at TIP. m. the day they
were captured. Traver said he asked
Musgrove why he 7shot Joe, and Mus
grove said he did not know, EXCEPT that
he and his partner did not want to be
arrested with firearms on Traver ask
ed him if he had not Been arrested be-
fore and he said no. Then Traver told
him Joe would have treated them as
gentlemen and they should have given
up, and he said he guessed Joe would
Traver asked him what Rogers said to
them and he said Joe said, AZ want you
fellows. | have q warrant for YOU"
Musgrove said, I'VE both answered, Il
| guess not"
S. G. Peterson testified as to a con-
versation had with, lMusgrove the morn
ing Of the 26th of June, Immediately
before the prisoners left for st. Paul
in charge of the militia, He asked Mus
grove how they came to kill the sher-
if, and he said: I s
'Cinq Mars and had talked it over
and made UP our minds we would not
be taken as we did not think we had
done anything that we ought to be
arrested for. That trouble we had with
that farmer about his dog did not
amount to much, and he. was as much
to blame as we were. When the two
men drove up one of Them the sheriff.
I suppose, jumped out and said: I
want you fellows. We both said: L
! guess not We must have argued with
him three or four minutes about let
! ting us go but he still insisted on our
going with him. Then Cinq- Mars said:
But we won't go; and the sheriff said:
I can't help it, boys, have got a war
rant for you and you have got to
come We said: We won't CO., Then
he reached for his gun and Cinq-Mars
pulled his at the same time, but in
getting it out of his pocket it went off,
tearing hole through his coat. I had
! covered him with my rifle but dropped
1t, but when I see him pull his gun 1
raised it again and it went off before I
i intended it to. You will find when you
find my gun that it pulls off easy when
it is half or safety cooked.
Further testimony was given by T.
M. Paine, John Beihoffer and Her.
/ bert Beebe as to the weapons found
/ and care of those weapons Then the
state rested
j Walter Schumacher opened the case
for the defense, and the first witness
/ was Cinq-Mars. He said: 1--WE were
| walking, on the left and Musgrove en-
the right. I heard a racket and turned
to the left. I said: We are lucky
! enough to get ride! When the rig
l got opposite a man Jumped out, about
the time the horses came to a walk
He came up with his hand on his hip
/ pocket. He said, y want you boys
with a queer sound Musgrove said,
| Il guess not The man kept coming
and I said, Keep back, we don't want
trouble He said, You've got to come
or I will give you trouble Then I
took out my revolver. / had a six
shooter on my left side In new scab-
| bard, which the revolver didn't fit. In
| pulling the gun out it was discharged,
! passing through my coat, and the
| smoke went toward the ground. The
sheriff stepped back. holding his re-
| volver. 1 told him, Hold your revolver
down, put it away. throw it down and
explain He said,iI never will Then
1 thought 1 would shoot the gun out
! of his hand and fired. cMusgrove looked
at me and asked what I shot at. At
the same time I heard a report and
saw smoke rolling, up around Rogers.
/ turned and saw the driver about ten
rods away. Then Rogers sank down.
Musgrove went UP and took his re-
volver to keep him from shooting.
Rogers said nothing. I hollered to the
driver, Take your buddy to town.
| Buddy is q Southern term for partner.)
! Cinq- Mars told also of the flight and
capture. He said that every way they
went a lake appeared, and it seemed
! as though they were on an island.
Musgrove came next and said he was
twenty yearsifof age, and was
born and raised In Walker county,
4 Alabama. His father died in 1881 and
his mother in 1885,. He has two sisters
living in Alabama; lone is married and
! the other works in store. He said
he had worked at coal mining both IN
Indian Territory and Iowa for the
same company. From the time he
went to Eau Claire, Wis, where he met
! Cinq-Mars, he narrated his story in
| part as follows II worked on the
| drive five days for one company at
| 1925 per day, and seventeen days for
| another company at $3.50 per day.
/ Cinq-Mars and I worked together on
the drive. Went fishing and hunting
around Leech Lake after being IN
/ able to get work on the st. Croix
river, owing to the drives not being
operated on accountsof the high water,
Bought the gun offered in evidence by
the state at Leech Lake, of man who
| came to us while we were fishing,
about 18th or 18th of June, intended to
go to the harvest fields Of Iowa and
Dakota. We came down through ST.
| Cloud, rode on train q part Of the time
| ana WdlhGu d part VI lie lllIIC I1C
also told his story of the trouble with
! Matthews about : the. dog and of the
minor incidents following it until the
| sheriff overlook them south of Glencoe
| Of the tragedy he said: AS the hack
stopped a man got out and the team
passed on He turned put his hand on
his hip, and said, III want you fellows
| We said, I guess not He said, !
| guess yes advancing and we stepping
back and saying to keep away as we
| didn't want trouble with him. Cling
| Mars was on the left, and / backed
into the road; I saw him draw his gun.
AS 1t raised out Of his pocket l raised
nv gun to my shoulders About that
time / heard reports At this we both
begged him to put down his gun and
explain. He said, Il never will do it, :
Then I heard another report and saw
smoke from Cinq4Mars' revolver. /
asked him what he shot at. Then my
gun jumped and I heard report about
five seconds later, and saw smoke com.
I ing from the sherif's clothes. He sank
down and his gun dropped. look ed
at my gun, threw out an empty shell
and was amazed to see my gun had
gun. Cinq- Mars called to the driver to
come and pick up his man. The sheriff
did not say he had warrant, nor did
I have any idea he was an officer"
Musgrove then denied saying what ap-
peared In the testimony of Traver and
Peterson, sssl
Thursday and Friday were devoted to
the arguments and the judge
charge. and the. jury came in at 2
o'clock Saturday morning.