Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1896-03-13


being held. The sheriff was closely
questioning all who came into the room.
Suttles was nervous, but he tried to
conceal his true feelings. Reckoning
| :he sheriff to the outside, he told what
he had heard.
"Col. Mashburn is not at holhe,' said
the sheriff.
''Here l am" and the colonel, pale
and trembling, looked into the face of
the officer.
"You are my prisoner" said The shcr-
if, placing his hand Oh the arm of the
colonel.
"I thought So" coolly remarked the
colonel.
I Several weeks later the courtroom
Of Iron,lale county was filled to over
flowing with eager and curious people.
The windows were filled and there
was no standing room in the large room.
Judge Lewis looked stern through
his goll-rimmed glasses and knocked
his ga~el severely OH the desk tor order.
':Br:ng in the prisoner, s;r. Sheriff. =
said the judge. -, - r.
Trembling and utterly hopeless, the
colonel staggered. in the crowded court
! room. An ashy pallor was on his face
and he fastened his eyes tiNedly upon
the floor. &
Ina clear voice the Indictment found
ty the grand jury was read, and then
The trial began. The first witness was
the coroner, who held an inquest over
the remains of the major. He stated
that the. verdict was that deceased had
come t, his death on account of gun
shot wound, and that the jury believed
the gun was fired by Col. Eugene j.
Mashburn.
The ,unty physician sworc that the
wound was just above the heart, and
that death must have been instan-
,ancous. When asked by counsel for
| the defense just what must have been
| the distance from which the shot was
fred, the physician stated that the ma
! ture of the wound was such as to cause
| him to believe that it must have been
several Jeet--probably so.
| l.
next sworn and put upon the stand
Before the court, in trembling voice
the negro told how he had found his
master sitting in his chair ston:: dead
He said he was rubbing down the horses
in the barn, and found one of them had
a sore place on his left hind leg. He
thought something should be done, fol-
the horse, and went into The library tt
consult with his master. When he en-
tered the door, Maj. McLain was sitting
in the chair in which he was accus
toned to take his morning nap. The
darby called him, but received no m.
swer. He called repeatedly, ard then
went close up to the major. With A?
scream he fled from the room, for he
saw his eyes were CLASSY and set fri
back into his head. He gave the alarm
but was too superstitious to again entc:
the room, believing it to be bad luck.
The cook, an old negress apparently
so years old, was the next witness. She
said she heard old Uncle Tom cry muir
der, and rushed out OF her house on the
rear of the lot to see what was the mat
ter. The details of the finding as told
by the coachman were corroborated D.,
the negress.
Mr.. Suttles was asked to take the
stand.
In brief, he stated that he was pass
| ing the home of Maj. McLain when hi
heard loud voices talking in very cv
cited and boisterous manner. IL
stopped and listened. and recc gnizet
the voice of Col. Mashburn.
care you positive it was the voice @
Col. Mashburn?" asked the counsel To-
the defense.
II would know that voice anywhcr.
were to hear it. I swear positivel,
that it was Col. Mashburn and Maio
McLain whom I heard quarreliny in tn.
ROOM"
'What time was that?"
| ut was half-past nine O'clock" re
piled the witness.
Here the state rested it's case, and tn,
defense announced that no tes1imon,
would be introduced. and that Col
Mashburn would make 4 statement
when argument would be waived an.
the judge would be asked to charg.
the jury.
AS Col. Mashburn mounted the stanf
4 all eyes were turned upon him.
+ The judge raped for order, and TIL
tailif motioned for silence.
! II stand before you to day perfect,
innocent of the crime with which I IN
charged" said Col. Mashburn, in voice
trembling with emotion II am as in
nocent as a newborn babe or the pures
angel in Heaven. l spent two hour
with Maj. McLain, during which tim,
we quarreled over the land lot line
Several blows were exche nged. and
left the house at a quarter to IL o'cloclz
and strolled about the fields. At abou,
IL o'clock [ heard the report of gun
and believe the report heard was til,
discharge Of the gun that killed him
l know my case is desperate. Circuln
stantiai evidence has already convicted
me, and I have given up all hope. an
prepared for anything that may come.
| els that all you have to say? asker
Judge Lewis.
''That is ALL"
The Jury was out lust five minnie,