Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-06-01
Says He Does Not Believe His Father
Will See Him Executed With
out Confessing.
Jury Returns a Verdict in the Case
Saturday Night, Fixing Penalty
at Death.
Out About Seven Hours, Delay Caused
by Disagreement as to the
Penalty.
tFrom Thursdays Daily.)

The trial OF the jenkins murder case
was begun in the district court this
morning. At the opening of court
twelve additional talesmen were
brought into court by Sheriff -Bogue,
and from them were secured enough
men to complete the jury. Only two
men of the original panel are on the
jury in the Jenkins case, which, as
sworn this morning, was composed of
the following men: E. A. Lewis, Ed
ward Anderson, F.. j. Burt, John Stew
art, Hugh McCrorie, Aaron Mason, Ed
son, T. j. Tully, August Peterson and
Edward Rawlings. Both sides agreed
that the jury be not confined under
the care of the sheriff out of court.
States Attorney Allen opened the
case for the prosecution. He told
of the murder, and of the case the
ence of the two men, Ira jenkins and
Stark at Wilton, the condition of the
men there and the statements that had
dence in the case to be presented show
4A6 L1C C11111AdACy VI IAO u0k0uud4Is
Of the statement made by the father,
voluntarily, and without promise or
solicitation. The defendant might
state that he had taken his part in the
crime as an accessory after the fact to
shield his father, but the fact remained
that he made many false statements
which could be of no possible benefit
to any one, except he be the guilty
1,,op in ~ 0vl1oryor ~ ~ls~1l it,.
self. The crime lay between father
and son either or both, and the state
would show by evidence that the crime
could be traced to the defendant in
this case.
sworn, but gave way to DR.. Bentley,
who was the first witness to testify.
He told of a post mortem held on the
body of Stark. There were two post
mortems held, one when the bullet
was discovered and another after the
first interment of Stark, when the body
was disinterred and examination made
Of the entire brain cavity, the stomach
and other organs of the deceased. He
told of the discovery Of the bullet hole
and OF the bullet. Death in his opin-
ion was caused by the passage of the
bullet through the head. There were
other injuries on the head and face but
none of them sufficient to cause death.
From an examination of all the organs
of the body, there were no indications
OF possible death from any other cause
than the bullet wound.
On cross-examination the defense
sought to bring out whether or not
Stark might not have been choked to
death. The witness testified that there
were none of the indications of death
from choking, no bullying of the eyes
or tongue, and no indications in the
throat which was clean and normal.
In his opinion death had not resulted
from choking.
This afternoon Coroner White took
the stand to testify to his connection
with the case as coroner, the finding
of the body, etc. States Attorney AL
len took the stand and told of the find
ing of the revolver at the direction of
the defendant, who had told him where
it was hidden. MI. Allen also iden-
titled the revolver. Justice Tibbils
testified to having presided at the pre-
liminary examination and to the pres
ence of the weapon as an exhibit.
James M. Jenkins, father Of the de-
PENDANT, was then called to the stand
and testified that his son had killed
Stark. The two had come home from
Wilton partially intoxicated. In the
course of the evening he went out to
see a sick cow on the place. On his
return he met his son Ira, who said to
him: well, I've killed that s. of a
b., referring to Stark). Witness
said he had asked his son why he did
it and the boy had answered: ooh,
he was getting too D. foxy around
here" Witness further testified to
finding the body of Stark dead, the
carrying away Of the body by his son,
and the rifing of Stark's trunk by Ira
jenkins. The other details of the
story were related, as in a previous