Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1897-07-23
Black Hawk end De.
fender Taken to Bis
marck For Trial.
friday.

Of Mr.. Armstrong was granted. with the
understanding that he inform Nh. Stevens
as to the nature Of the expected testi.
.monY.
The state here rested ito case.
The defense called Chas. Welsh, who
testified that he saw Philip Ireland with Q
large wire nail in his hand. while confined
in the agency guard.house.
Thomas ]. ReedY testified 40 to the 10.
cation Of the guard.house. Also as to q
hole in the wall between Paul's and
Philips guard.house cells.
Baptiste Gabe testified to the condition
of the hole in the wall. High Eagle, an
Indian policeman, gave similar testimony.
as did Mr.. r. n. Stevens.
Leo smell.the. Bear testified that the de.
tendsnt was at his (defendant's) home on
the 18th Of February last oil day.
Thomas Martin said he was at the de.
fendant's house on the l7th Of February.
and the defendant was there. In Cross.
examination the witness admitted that on
this date his wife was with him, and he
had on the Coudotte' trial said nothing
about her. He admitted that on the Cou-
dotte trial witness had said he slept on
the night Of Feb. 18th with his brother
and Charging Eagle, whereas he had not
slept with those parties. He knew when
he testified at the Coudotte trial that he
was not telling the truth. !,
Francis Broadhead (who was rightly
named) also said he saw the defendant on
the 18th Of February, at his home.
Patrick Yellow Lodge contradicted the
statement Of Paul to the effect that Cou.
| dotte gave Paul 90 on the way to Bis
1 marck.
N. P. Chase contradicted Pauls story
as to the horses Of Defender and Cou
dotte, on the day of the murder, being
tied near the Spicer house.
| George Defender was put upon the
stand He denied that he had anything
todOswith the death Of Thomas Spicer
nor was he at Spicer's house on the l7tt
Of February. His direct examination
only took few minutes. On cross-ex
animation he admitted having written {
letter to Joe Packineau. before he was ar
rested, to the effect that he expected to b'
arrested in connection with the Spice
murders, and he wanted to be Transferred
to the Fort Berthold agency from Stand
ing Rock. The cross.examinstion wa
much shorter than that Of Coudotte. 4,
George w. Lynn testified that he hat
told the Martins It was not necessary 4
bring the women ssiwitnesses: He knew
Martins wife and Black Lightning wer
alleged to have been at Defenders OF
Feb. 18th, but he did not call the attention
Of the witness, to it.
Leo Smell-the.Bear was recalled TO
cross.examination. He said that the rea
son he did not say this morning and q
the Coudotte trial that Mrs. Thoma
Martin was at Defenders house was be
cause she had baby that cried grea
deal. The witness could give no othe
reason for suppressing the testimony a
to Mrs. Martin.
Gray Eagle testified that Coudotte va
at home on the 18th Of February. In de
nisl Of Philips story.
In coming into court st the eveninI
session the defense rested it, case.
II The state in rebuttal called .Fathe
Francis. The father stated that Blacl
i Lightning. Defenders father, was at hi
Gather Francis house oil day on Fet
18th. The defendant and his witnesse
had testified that Black Lightning was q
the defendants house all that day.
i The state rested at this point. Th
attorneys waived addresses to the iur,
and the court charged the Jury. who n
tired at 8:l6 .. m.