Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1897-06-04

DR.. Ross. Baptiste Gsbe, Mira Martin, f.
P. Caldwell, Frank Martin. Joseph Chare-
ing Eagle. Leo Smell.the. bear, Mrs. Leo
Smell-the.bear.. Mrs. George Defender.
Baptiste Pierre. Mrs. Bapti.te Pierre.
Keep the Eagle. Standing Soldier, Bear
Shield, Little Bear. Grassy Dog. Martin
Winter, Jack Treetop, Patrick Yellow
Lodge, Bird, Blue Boy, M. p. Chase. G.
A. Patterson, Martin Green.
Mr.. Stevens, for the defense, stated
that, although these witnesses were in
town. they had not been subpunaed, and
they could leave at any time unless the
process Of the court were issued.
The order was issued that the witnesses
be subpGnaed at the expense Of the coun-
ty. the motion not being resisted by the
states attorney.
The states attorney then read the In
formation to the jury. The information
was divided into five counts. The fret
count alleges that Coudotte killed Mr..
Spicer by shooting him In the back with
shotgun; the second count alleges that
Coudotte killed Mr.. spicer by striking his
victim on the head with an az; the third
count alleges that the murder was COM
mitted with blows of shovel on the
neck; the fourth count alleges that the
fatal wound was inflicted by means of a
p'.enioiA' sne nl'n coun. Alleges 1nat the
crime was committed by means of q
knife.
Mr.. Armstrong then opened the case to
the Jury. He explained the reason for
making several counts. He said that in
this murder several different instruments
tain which OF the weapons caused the
death of Mr.. Spicer.$ A. the Information
covers all the Instruments, II the Jury find
that any one OF the instruments Used m
used by the defendant. then they Woiric
bring In q verdict of guilty.. The vitnea,
Holy Track would testify, and the I'M
would be shown that the defendant, Cou.
dotte, was really the moving spirit In thii
wholesale murder; that the boys wht
ihave confessed were mere tools in hi
hands. The prisoner had attempted sui
Icide; he had made certain confessions
that ON the day of the murder Blacl
Hawk wanted him to 20 and kill the Spj
Ger family, aud Coudotte said he did no
60 himself. His confession made In TAI
would not agree with the testimony whic
the defense would seek to Introduce I,
establish an alibi.
Mr.. 5toyell, on behalf Of the defendant
then outlined to the jury what the defens
would be. 1t would be shown that. dur
ing all the time the murders were bein,
committed, the defendant was mile
away; that the two self-confessed murder
ers committed the murder themselves.
Frank Parks was the first witness fol
the state. He heard Mr.. Spicer preach al
the school house at Wipona the 6unda,
before the Wednesday Of the murder. Oi
Thursday morning he first saw the bod,
of Mr.. Spicer lying in shed near th'
house. The witness described miuutel,
the wounds which he found upon tn
body OF Mr.. Spicer.
The attorneys at this point had pas
sage at arms Mr.. Armstrong ''resente
bitterly the remarks of Mr. Stevens, an
Mr.. Stevens SAID he did not desire +
make any personal reflections.
The witness resumed description O
the heuse and the bodies therein. Th,
trunks, bed and other things in the hous
were all torn up and tossed inside out. )
The witness was asked only a couple o
questions in cross-examiuation.
Paul Holy Track was next called. H
wanted an interpreter. but il was foun,
/ that he cOuld read almOst ANYTHING in III