Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-05-25

for his fatherlto go to town and give
himself up. He might get into trouble.
His father said they would not get
into trouble over killing Stark. That
this WASH II his first one. There was
another man up here # in a hole
Tney had few more drinks and his
father wanted him to help take the
body to the mine. He refused at first
but finally consented They dragged
the body for they could not carry it.
In the morning his father got,.ap first
and went out to the sleeping shanty.
He8came back and said they must go
to Bismarck that day. They would
go to town, come back Sunday, find
the body of Stark and report that it
had been found at the mine. His
father gave him $50 to keep his mouth
shut, and the two came back and re-
ported the discovery Of the body, ac-
lcording to program He denied that
he had stated to his father that he
had killed Stark, as related in the tes-
timony of the father. He had gone to
the mine with his father Marcn 12 or
13 at the earliest solicitation Of his
father who brought his 5housekeeper to
town and asked his son to come with
him. He had consented to go after
urgent solicitatio ion. He was coming
down with the mumps and his wife
did not want him to go.
The direct examination of the de-
fendant was not long in duration and
States Attorney Allen occupied the
most of the morning with a rigid cross
examination The defendant admitted
having served in the penitentiary at
Bismarck a six year term for grand
larceny in 1892, from Stutsman county,
for a crime to which he pleaded guilty.
The father had stated N his examina-
tion that the son had confessed serv-
ing a term in the Waupon, Wis, pen
itentiary but this the defendant de-
MED. He said he had been a shoe
maker and had learned his trade at
Lynn, Mass, in a school there. He was
closely questioned as to the amount
of money he had after the crime.
and the manner in which he had spent
it. He admitted gambling and buy
ing liquor. States Attorney Allen
questioned him closely as to the de-
tails sof the killing Of Stark by the
! father, as the witness testified had
been done. He went over again the
scene he claimed had been. enacted
when he entered the room and found
his father choking Stark. He stated
that Stark had been drunk and was.
pulling the old man around and that
as he entered the room and took the
old mans hands from Stark's throat
he (the father) had stated that he
guessed Stark wouldn't maui him
around any more. : There had been
no quarrel among them or between
any two of them when he left the
room after the waiter.
Asked to indicate on the court room
floor just the position of the body as
1t lay when the old man was choking
Stark and it's position when the
father had fired the shot into the head
after Stark was dead, the witness il
Illustrated the alleged movements of the
father when he attempted to lift the
body up, and showed how 8hes finally
rested it in an arm chair, the feet rest
| ing over the arm Of the chair and the
head and shoYl lders on the floor. The
witness lay down on the floor, placing
Two chairs, one to represent the edge
Tor the bed where the old man sat when
he fired the shot. According to the
Illustration he.gaSe, the old gentleman
sat at the right Of Stark, and a revolt
yer held in his hand would have been
directed at the right side of the dead
mans head, as the witness said he lay
ION the floor. 1t was from t.1is posi-
Ition that the witness said his father
had fired the shot. States AT
i
torney Allen then asked the witness
how the father could have sat on the
right side Of the dead man and fired
/ a bullet SO that it entered under the
dead mans left eye, taking course
through the heat In a direction that
would have been toward the muzzle
l5of the revolver instead Of from
Bailif Owen Farley was called and
the witness told to place him in just
the position Stark had lain. This
! was done, and the states attorney
called attention to the fact that from
this position, as detailed by the Wit
ness, the bullet could not have taken
the course It did, as it would have en-
tered the right side Of the head in-
stead Of the left and taken an exactly
opposite course. The witness said
ihe did not know how 1t was. exeeDt,