The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-30
The WITNESSES
DO NOT AGREE
ROSS-EXANIINATION IN THE WEST
TRIAL BRINGS OUT SOME
DISCREPANCIES
Frank March, theMan Killed Ly
Defendant, Seems to-Have Hit
at,West When the Lat
ter Was. Down.
speciaI to The Globe.

GRAND FORKS, n. d. Jan. 29-In
the West case the examination of
N. M. Waldo was continued today and
he was also re-exanlined by the state.
The important part of Mr.. Waldo's testi-
mony was his statement that just after
the shooting West had said to March,
die; you ought to have died long ago.
Accompanying the remark was an Of
fensive epithet
The defense tried to prevent the intro
duction of this testimony, as the wit
ness stated that he heard the remark
very imperfectly; but the testimony was
admitted and the witness could not be
shaken in his. statement.
IL. Z. Payne, postmaster at Inkster
and one of the group of travelling men
who stood at the south side of the
room, was the next witness. His ex-
animation was brief, as he had seen
only portion of the row. He noticed
that West had a gun in his hand and
got back SO as to be out of range.
John Mcdonnell, the next witness, is
from Duluth, and is here in charge of
sewer work which his brother has in
progress. He stood in the hallway when
the assault began. He thought the men
were scufiing and then saw West go
down.
On cross-examination HE illustrated
the actions of March standing up and
pointing on the floor to where West
was supposed to lie. He said that after
West fell he kicked at March with his
right leg, which March seized with his
right hand striking at Vests head with
his left hand. This blow landed
March then released the leg and struck
two blows with his right hand, neither
of which the witness thought landed,
though he could give the defense no
special reason for this belief. McDon-
nelPs idea of the location of the men
was that they were somewhat nearer
the center of the room when the shot
was fired than the positions given by
most of the other witnesses. He
thought, also that IIarch had not been
pulled from West by Wood, but that
he had left him of his own accord when
Wood approached him.
Witness Recalled.
The state announced that it desired to
recall Wood, Bork and Waldo to have
them testify as to the demeanor of West
Immediately after the shooting, as an in
dication of his mental condition. The de-
Tense protested on the ground that the
men were not experts, and such tesh-
mony was necessarily expert testimony
The objection was overruled.
Mr.. Waldo had not noticed the defend
ants expression, and therefore he did not
IN0biAS' w Jul 11dQ ItOlit6Q IudL w est
showed no signs of excitement but that
he appeared to be very angry. Bork had
noticed an expression of great excitement
on Vests face, but no signs of anger
The testimony Of one offset that of the
other, and everyone smiled.
Chief of Police Ryan told the story of
the arrest and Identified the revolver
The prisoner had behaved very quietly
and had offered no resistance.
Robert RrOvVnlco fI,a, Ioe1 vr-;t~,or,
for the day. He had sat talking with
Wood when the assault was committed
and had called Woods attention to it.
He had started for the desk, but Wood
got there first, and witness had taken no
part in the affair. He saw West fall, and
thought he went down as if he might
nave slid down to avoid March's blows.
He thought March had been pulled back
forcibly by Wood, and that this was what
prevented the last blow from landing On
cross examination he stated that from
the time when March was pulled back
until he was shot he had been in n,g,.
ton all the time This portion OF the
testimony will be carefully preserved by
the defense.
West Had an Excuse
Brownlee testified also as to remarks
made by March, and could remember
that March had said, sShoot," but not
ms declaration that he would die game
He had also heard West declare after
ward that he could not help it. He said
West had not pocketed the revolver i'm
mediately after the shooting, as was
stated by Wood, but thought he held it
some seconds. The cross examination
was unfinished when court adjourned.
The state expects toe have all its direct
testimony in by Friday night unless some
unforeseen delay occurs7I All the wit
nesses are instructed to remain within
call, as they will probably be recalled at
ter defendants witnesses are examined
Mr.. Corliss took a. hand in the cross
examination today for a time Most of
this work has been performed by Mr.
Cochrane.
For the state Mr.. Bangs asks practical
ly all the questions. So far the proceed
ings have been conducted almost without
friction, and those who enjoy a scrap be-
tween attorneys are beginning to grow
weary of the waiting