The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1896-10-17

tnat Scott was just as drunk when he
walked to McBrayen's hotel as he was
in the Office.
WITNESS then detailed a whole lot
OF testimony about the difficulty in
office, repeating and rehashing his pre-
vlous testimony but contradicting him
selfln several particulars as to- what pas
sed between Scott and Wynne in the
difficulty in the Office, getting mixed
up as to time parties remained about
barn; what actually was said between
them; who said it; about time first and
last saw parties, etc.
Walter Snyder was called for cross
examination, and testified that he
heard Wynne make the threats, cd
d-ned s-n b-h, pn cut your
heart OUT" that was shortly before I
went to hotel.
Gross by State Heard Scott say
"if you don't let my individual self
alone, I'll get gun and shoot YOU"
Recross /: This was brought to my
attention since Patterson testified;
reason didn't testify before, was not
asked and didn't remember it.
Alfred Ryder called by defence !:
Business, stone cutter and mason; my
trade; slightly acquainted with Scott
and Wynne; had business with Scott
on 18th of March last; business was
with reference to a monument; Scott
was with me up stairs in Cox's house;
met him sometime in forenoon; told
him had some samples and photos
up stairs in Cox's house; had something
to drink; had whisky; don't know how
many times Scott drank; there was
considerable drinking between him, I
and another man; saw him again in
Cox's stable; him, and Alex. Wynne
was there; this was about middle of
afternoon; had little whisky there;
Alex. Wynne was there; we all drank
together; was there when Scott came
shortly before shooting; Alex. Wynne
was with me; was just having a drink
with Alex. Wynne; had drinks before
with Alex; Scott came to door and
looked in; came in and took drink;
Alex. Wynne was there; Scott remark
ed to Alex. Wynne "what was the mat
ter with you people''; Alex. said ''that
was nothing to do with mel; don't
remember Scott saying anything ex-
cept "don't fight that way"; just re-
member Jacob Wynne passing door;
did not see beginning of difficulty be-
tween Scott and Wynne; was about a
rod away inside the barn when shoot
ing was done; Alex. Wynne was by
my side; he was with me when first
shot was fired; we started and Alex.
Wynne was about feet ahead of me
when we got to where Jacob Wynne
was; when we were drinking 1 was
standing in barn with my back to west.
Alex. back was to east, and Scott was
facing south between us; both Alex.
and came out of barn together at the
time of shooting; my hearing is pretty
quick; did not hear bad languages;
heard testimony of Alex. Wynne; his
testimony as to going east and south
east is untrue; heard Scott say in. barn
that 'ehe didn't fight that way;'' Alex.
had hold of lapels of his coat in talk
ing with Scott; in room over Cox's had
some little liquor that brought over
with me; don't know whether Scott
got any in his bottle or not; told him
he could if he needed it; never saw
Scott show gun; was with him all the
time. %r
Cross by State: Met Mr.. Scott be-
fore dinner, about 10 O'Clock; he asked
me for liquor; had it in a fruit jar; told
him he could take what he wanted;
couldn't say how many drinks he
took; wouldn't attempt to say how
many; had little, didn't drink very
much; we fixed bargain on monument;
/ had nine or ten samples and he came
to see them; bargain was closed but he
came back again the third time, we
went into stable when he asked me if l
could get something to wet his whistle,
as we called it; this was as early as
thrao 0tnlnnly in tho Of
was with me, talking about horse of
my own that lost; had the whisky in
stable; Alex. and I drank, twice;
was opposed to it; it was in 2-quart
sealer; it was not quite full; don't
know man who was in room, a Nor
wegian, stranger; don't know how he
came there or how he came in; saw
Scott about O'Clock, Alex. was not
there; the next time saw Scott was in
the stable little time before the shoot
ing; can't tell how long it was before;
but am satisfied Alex. was there; Scott
and and Alex, staid in stable about
5 or 10 minutes the first time we went
there; the witness refused to testify as
to what time, whatever, that Scott, or
Alex. Wynne and himself was in sta
bic, or what time shooting occurred.
Only saw Jacob Wynne pass the door;
didn't see Wynne or Scott together,
or heard them talk plain enough to
know what they were talking about;
heard Wynne's voice talking in soci-
able way; think heard Scott say, in
some way, "pll go and leave you;''
when stepped out of barn, I saw them
about the third pile of lumber; judged
they walked rod and half; did not
watch them; did not hear any words
between them; latter retailing some
conversation between Alex. Wynne
and Mr.. Scott witness stated that he
could not swear whether Scott had a
gun in his hand or not, and when ask
ed direct if he would swear that Scott
had gun in his hand, said he would
not swear it; denied having heard any
conversation between Alex. Wynne
and Scott about fighting In answer
to question witness said he did not
turn around until the shooting; Wit
ness examined sis to his preliminary
examination on II Mich. and said he
he did not then tell all he knew. ]
Think Scott was at stable before Jacob
| Wynne came; wouldn't swear to bad