The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-01
ATTORNEYS JANGLE
Defense in West Case Would At
tack MARGINS Character.
STATE INTERPosEs OBJECTIONS
Large Part of the Day Spent in Ar
gument-A Crucial Stage
Reached.

Special to The Journal.
Grand Forks, N. D., Feb. 1.-When
court opened this morning the room was
packed by an expectant crowd. very one
expected material developments in the
West murder case. as the first witness
for the defense was to be called. The
knowledge of the witness, however, Is
still in his possession, for ne was
allowed to answer but one question, When
the state interposed an, objection, and
from that time until the noon recess the
spectators were treated to flights OF ora
tory and dramatic rehearsals of the
shooting by counsel for the defense.
Harry Blackburn was the first witness
called by the defense. He was asked is
he knew the reputation Of March, as to
whether it was peaceful or otherwise, and
answered Eyes" He was then asked what
MARGINS reputation in this connection
was.
The state objected to the Introduction
of any testimony regarding the character
of March. 1t was evident In a moment
that one of the legal battles in the case
was imminent, as the Introduction of that
class of testimony will have material
bearing on the defense.
Judge Fisk at once excused the jury
and the argument began. Judge Corliss
spoke for two hours and Judge Cochrane
from 1870 until noon for the defense.
Mr.. Bangs opened for the state when
court reconvened. It will probably take
all the afternoon to complete his argu-
mentS.
Opening Statement for West.
The state closed its case yesterday af-
ternoon shortly before o'clock and after
short recess j. NJ. Cochrane made the
opening remarks for the defense.
Mr. Cochrane stated that for several
months close acquaintance existed be-
tween Frank March and w. E. West, who
was on trial for killing him. This
friendship lasted up to ten days or two
weeks before the shooting, when March
became embittered at West and made a
wordy assault upon him in Hotel Pres
colt.
Previous to the rupture of their
friendship, March had boosted of his
strength and told what he had done to
this person and that one, and at that
time March threatened to take Vests
life. West mentioned March's enmity to
friend and was advised to look out, if
March was after him, as he was a dan
gerous man.
All these things led West to believe
his life was in danger, and shortly before
| the purpose of protecting his life and
property entrusted to his care by his en-
| ployer.
Night of the Tragedy.
On the night Of the tragedy, March
entered the Prescott hotel while West
was there and commenced abusing him
West left to avoid trouble going to Hotel
Dacotah, across the street.
March followed almost Immediately
Approaching West, who was leaning
against the counter he inquired if he had
revolver, and West, thinking to avoid
further trouble by denying that he had
one, answered. mo"
March Immediately knocked him down
and kicked him in the pit of the stomach
When pulled away, West sought to es-
cape, but seeing his adversary but eight
! or ten feet distant, apparently about tt
! spring at him, he fired the shot which
! took MARGINS life. .s.... 49,.
March the Aggressor. u,..
Frank B.. SheIburn testified earlier II
the day that on the evening Of the homi
eide he and West were talking at thu
! counter in Hotel Prescott when Marcel
entered. West was leaning over the reg
lister, but March showed up against hin
and he moved away, taking a seat at tn,
window
| did Mr.. March make any threat
| against Mr.. West that EVENING"" asket
Mr.. Bangs. eyes, He -said I will Gran
the gun down his throat: Will cram tw'
guns down his throat ="
On cross examination he said tina
shortly after, West took a seat at tn
| window, March. seated himself at table
A moment later Harry Blackburn was in
vited by March to eat supper
! did March say anything at the ia
ble?' Just after Blackburn sat dow
March said: There are rats around her
! and there's one not far away. He's got ;
gun. I'll cram it down his throat. IL
cram two guns down his throat 1 got on
| Of them tonight and will get another on
before. I go to bed -
| What would you say was MARGINS con
dition, was he intoxicated?' "I shout,
say he was intoxicated" -.
After several foul remarks had been an
piled by March to West, the latter got III
and left the place. After he left, Marc]
| said: II guess will go and get him
He's got a gum" The witness then said
mo, Mr. March, he has not got gun TO
! YOU" -l.~
| March got up and left almost immedi
| ately.
B. o. Seymour testified that at the tim
West shot he was in the cigar store, bu
! rushed into the hotel office. AS he en-
tered he. heard West exclaim: Die, yo
y and as he went up to him Yves
| again remarked: IT will learn some O
| these people that have some rights