Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-06-01

80 ESy PSAA
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 Of the killing Of Stark by the
father, as the witness testified had
been done. He went over again the
cen 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 Ilem when he left the
room after the water.
Asked to indicate on the court room
floor just the position Of the body as
it 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 he finally
rested it in an arm chair, the feet rest
ing over the arm Of the chair and the
head and shoulders on the floor. The
witness lay down on the floor, placing
two chairs, INT to represent the edge
OF the bed where the old man sat when
he fired the shot. According to the
illustration he gave, the old gentleman
sat at the right of Stark, and a revol-
yer held in his hand would have been
directed at the right side of the dead
mans head, as the witness said he lay
on the floor. 1t vas from tuis posi-
ton that the witness said his father
had fired the shot. States At
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 a course
Through the hea. in a direction that
would have been toward the muzzle
Of the revolver instead of from it.
Bailiff 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
he did not know how it was, except
that the facts were as he stated.
Numerous other questions of detail
were inquired into. The witness was
still on the stand when court took the
adjournment.
There was little testimony given for
the prosecution after the completion
of the old mans statement yesterday.
Sheriff Bogue told of the confession OF
the defendant to the states attorney,
after the completion of the prelimin-
airy examination before Justice lib
balls. The coroner's jurors testified
to the statements made to them by the
two men at the mine when they went
up after the body and to some of the
statements made by the defendant at
the %coroner's inquest. Coroner White
exhibited the carpet taken from the
house, with the piece cut from it, as
the old man said had been done. DR..
Bentley and the jurors testified to the
fact that there were no indications OF
choking on the body. Undertaken Up
right made the same statement this
morning and testified that the deceased
man had evidently been strong, mus
cular and active from the appearance
of the body. =.
This afternoon the cross examina-
ton of the defendant was concluded.
It related largely to matter of detail,
the most important statement brought
being that to the effect that the sister
of James M. Jenkins, Ida Lewis, had
told Ira Jenkins that James NJ. admit
ted to her the killing of Stark, and
that she had been up all night with
him trying to get him to pray or have
a priest. This statement was made
to her before the fact of the death OF
Stark was reported to the authorities.
The state asked that a subpoena be is
sued for Ida Lewis.
Mrs-Ira Jenkins testified to the
effect that she and her mother had not
wanted Ira to go to the mine with the
old man. She also testified that
James M. had dined at the home
of her mother on the day he and his
son went to the mine. This was in