The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1896-10-17
whether any cartridge had been snap

ped on. a.I-
Gross by State Gould not swear any
more than already stated took cart
ridges out of gun and examined them
could not see any dent in cartridge
that had not been fired Coulthard,
Macarthur, Holbrook, and John and
Hugh Gardner was in room could not
say whether they examined them or
not.
The defendant Jno. A. Scott was
then called to the stand and sworn.
He testified in substance as follows:
Am defendant in this action; came
to Bottineau County in 1885, August
or September live southwest of Bot
tineau, about seven miles, town 161,
range rs am farmer; am married
was married on the 18th of January,
1882, think; was in the village of
Bottineau on 18th Of March 1896
could not tell exactly what time in the
morning left home to come to Botti-
neau shortly after breakfast came
to Bottineau to haul load of wheat;
had been hauling wheat right along
don't recollect what time got to vii
lage, judge it was between 8 and 10
O'Clock. Work was going on at home
all the time, and had made prepara-
tions to kill pig; Frank Murray was
working with me. Witness then gave
his testimony in narrative form with
out questioning by attorneys, and dur
ing it's delivery was very little inter-
rupted. He said in substance After
/ had unloaded my wheat at the ele-
vator drove up in front of the post
office to get my mail. I tied my team
there, and after getting it intended to
go home. Tuesday being a heavy
mail day, I waited until mail was dis
tributed, and while waiting I wanted a
drink, and started out to hunt for it.
met Jim Woods and wanted to get
some whiskey from him, but he said
he had none, that he wanted some him
self and was hunting for some, and
said if he got some he would let me
have it. He got bottle but wanted to
keep it for himself, but got him to
give it to me. l waited some time for
mail and while waiting had several
drinks and then forgot all about the
mail. l met Ryder, don't recollect
where or at what time, and as my bot
tie was getting empty, he got some
and filed it up. think I met Ryder
more than once. My next recollection
was in being in the backroom of w.
I'll. McIntosh's store drinking. In
answer to question by counsel he
said he was drinking by himself. He
could not remember where he went
after that, but thought he went to
Ryder's room to look at some samples
for monument for his dead child
where he saw a Norwegian. His next
recollection was of going to man to
get him to get his team. And his next
was of going to McKeen's barn to get
his team to go home, and where he
met Jacob Wynne.] Wynne came in
to McKeen's barn and said to me
"where did you get your liquor? l
told him got IT., and had some, and
asked him il he wanted a drink ~ He
said 'syes." / said ''well, come on"
and we went into the harness room of
the barn, and. sat down, or half laid
down and half sat down on a pile of
robes. I took out my bottle and gave
it to Wynne he had some difficulty
in getting the cork out and took out
his knife to get it out. After getting
cork out we had drink or two, can't
recollect how many, but recollect that
Wynne had his knife in his hand and
was jabbing holes in the robes, I told
him not to do that, but he said he did
not care a d, that the robes did not
belong to him, but got him to stop it.,
shut up his knife and put it in his
pocket. We talked and drank; some
of the talk about my man shooting his,
(Wynne's) dog, but he said he didn't
care damn about that He wanted
me to sell him 40 bushels of wheat, for
which he would pay me 80 cents per
bushel, delivering wheat for pay next
fall. told him could not do that, as
all his wheat was mortgaged. That he
had better go to the people who held
the mortgage on his wheat, and make
some arrangement with them. I re-
fused to let him have any wheat ex-
cept upon the same terms as other peo-
pie got it. He said I could help him
if wanted to, but he didn't believe /
wanted to. He then said he wanted to
buy seeder, and offered to help me
put in my grain if would make the
first payment for him, but this I re-
fused, and told him had stock enough
to put in my own grain, and did not
farm that way. He then seemed to get
angry, and said to me "you have
money enough to buy your bastard
s. of b. of an idiot son monu.
ment, but not enough to help your
neighbour" and with that struck out
with his open hand and knocked a
shamrock off of the lapel Of my coat
that I was wearing, and said he ''could
lick any s. of b. of a man that
wore shamrock" We had both got
up by this time, and told him to 60
away, that didn't want to have any.
thing more to do with him. Some one
had come to the door Of the harness
room and wanted to get in, but Wynne
put his foot against the door and would
not let them. I told him to let them
in, that we had no business keeping
any one out that wanted to come in.
He allowed the door to be opened and
Hector Patterson, think, came in and
got the robes. The next thing I re.
member was of being in the, Office, OF
seeing Wynne shaking his head, and
jumping up and down, and then he
caught me by the throat and choked
me until could hardly breathe. The
next remember was sitting in a
chair, and of telling him to go away
and let me alone. Here the witness
detailed lot of conversation between
himself and Wynne in which he atJri-