The Bemidji pioneer., 1900-11-29

time of shooting, afterwards heard
Whipple regret the deed.
John Crosby, recalled by State, told
his position, time of shooting.
~ G. w. Davis, recalled by State, as
to distance between participants time
of shooting not striking distance.
AL Hallet, recalled by State, as to
Whipple's behavior after shooting.
Sheriff .Nygaard, recalled by State,
as to arrest of Whipple. property on
his person and the loose teeth. The
teeth were admitted in evidence.
| Geo. Francis, as to who were in sa-
loon time of shooting and position of
principals and talk leading to first row
Guy Remore, testimony rejected.
Fred Dudley, as to giving the re-
volver to Whipple.
A bench warrant had been issued
for Mrs. Josie Johnson, ex-ticket SELL
er at the variety, who was in Mime
apolis. Pending her arrival the State
rested it's case.
W. w. Irwin addressed the jury on
behalf of the Defense, promising to
show that the shooting was done ac-
icidently and in self-defense; that
defendant was victim Of a conspiracy.
I George McElroy, first witness for
Defense. Testified to being bartender
that night at variety, to position and
number of persons at first alteration;
how deceased was aggressor, using in
sulting language. How parties were
separated by Strang.
Frank Anderson, as to being pres
ent at first fight.
G. G. Woodward, as to his presence
at the alterations, ETC., and receiving
revolver from plaintiff.
Henry MeCauley, as to having heard
Moore make threats in Silversack's
saloon previous to fght-that he
would cut heart out of Whipple.
Andy Danaher, as to hearing Fitz-
patrick in Campbell's saloon tell the
deceased that eff you don't lick that
big son of - tonight, you are no
friend of mine," and Bennie answer
ing, "You watch me get him, and I'll
get him good" IL
George Smith of Glidden, Wis, as
to bad character of the deceased.
N. J. Wang, coroberated Smith.
Angus Mcdonald, same as Wang.
Cora Mcdonald. Evidence stricken.
Ed Strang, coroborated McElroy
as regards events leading to fight: how
he separated them; how Whipple goes
away and on his return how Moore
renews the quarrel; how defendant
asks what Moore has against him, to
be answered with blows, which knocked
teeth loose. Did not see the gun.
Fred Hazen, as to Whipple showing
him teeth on bar with remark, "Have
got to stand for all this and be MUIR
dered by this gang?"
Russell J. Whipple, DEFENDANT took
the stand to testify in his behalf and
was afterwards subjected to several
hours of severe cross-examination.
He was born in Black River Falls,
Wis; is Al years old; told his expert
ence as saloonkeeper in Solway and
in Montana with Fitzpatrick; first
met Bennie Moore in Solway two
years ago: came to Bemidji with wife
on Feb. 5th on business; related how
he had spent the afternoon: met Moore
and Fitzpatrick in the barroom OF the
theatre, asked them to have drink,
whereupon Fitzpatrick turned his back
upon him and showed Ben down the
bar; insulting remarks by them: the
fight, in which he was only on the
defensive: he left saloon on advice of
bartender; got revolver for protection;
returned to find county attorney, but
stopped at door to ask if safe to enter;
McElroy said yes: entered, and imme-
diately followed by Moore and gang;
second row as given by others: struck
| by Moore, and Whipple having hand
on revolver, his head going back his
hand went up and revolver discharged
killing Moore.
| The defense rested temporarily, and
the state recalled George Francis in
rebuttal.
Mrs. Josie H.Johnson, for state, as
to being in the ticket office in theatre
that night;saw Whipple re-enter look
ing wild: saw fash go by window
when shot was fired soon after he
entered.
J. B. Sprague, for state in rebuttal
as to McElroy's testimony before the
grand jury. Four other members of
grand jury testified on this linefor and
against the State.
Mr.: Heaton, of Glidden, Wis, for
the state, as to the reputation of Wit
Iness Geo. Smith for truth and veraci-