The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1902-02-22

! the next man to receive the prosecutors
peremptory challenge w. j. McGraw
came up in his place. He felt that he
could not try the case fairly and gave
way to Christopher Rowe who was
passed Mr. Flanagan let John
Anderson go poremptorily. Everett
Ball came in his place to be excused
after an extensive examination by
Mr.. Powers. John Cowling was the
next man up and stated that he could
try the case impartially. The defense
had but one challenge remaining and
a tilting for position was INDUCED in.
The prosecution waved challenge and
il was up TO Mr. Flanagan who deftly
turned the parry by drawing the atten-
tion of the court to the fact that Mr.
johnson stated that he served on the
jury last October. Defense protested
claiming it was a special venire, The
Judge held differently and Mr. John
on was let go. Charles Coon came mp
TO take his place, and was sent back
for the reason that he could not try the
case Herman Buengenr came up next
but as he had served on the coroner =
jury he was excused. Dave Jack came
next, having no fixed opinion was pass
ed. Peter Quinn came next, and quail
flied as a juror in place of Ole Hager
who was challenged by the defense.
Captain Cowling was then challenged
for cause and Herman Ran came mp in
his stead but stated that he had de-
cided opinion and was let out John
Roth came next and qualified The
defense accepted the jnry and they stood
and were sworn.
When court convened Tuesday morn.
ing the taking of testimony was started
after concise explanation of the case
to the jury by Prosecuting Attorney
Watson The Witnesses in the order Of
their coming to the stand and a synop-
sis Of the evidence of each is as follows
& NJ Rogers made a diagram Of the
location Of the pound and identified il
after which it was a PRODUCED in ev
idence. DR. r. II Darling Attended
Finlay after he was shot also the
autopsy made afterwards Death due
TO "a homorrhage caused by gun shot
wound.
Dr CT Larson Attended autopsy
npon Robert Finlay Death due 70
hemotrhage caused by gunshot wound
There were other wounds on head and
face evidently inflicted by some blunt
weapon
DR. A. NJ Darling Saw Robert
Fiulay Aug 3, at his home Said he
was suffering from wound snw him
afterwards at Hospital Examined him
Suffering from gunshot wound describ-
ga and located wounds Had some triy
ia wounds on face. Bruise On right
eve lesser one on left Had appear
ance Of being fresh Fiulay remained
in hospital unit! his death Monday IS
ening Made autopsy Concluded
he died from hemorrhage caused by gun
shot wound Bullet severed artery Of
lung Knows S G Bennett Saw him
first Aug 3 athis barn talking with his
hired man aud his wife Took him to
hospital 20 drees the wounds he was
suffering from Described wounds
Wounds were contusions Left eye en-
tirely closed Mr. Bennett remained
in hospital an hour Sheriff took him
in charge Saw defendant in possession
Of revolver Identified the gun The
Judge here ordered the loaded cartridg-
es to be taken from the chambers Gun
was in pocket DR. asked Mr.. Bennett
to give him his gun which he did and
kept it until Mr. Tromblay arrived
when he gave il TO him. Did not alter
gun Cross examination when he
saw Bennett at barn his clothes were
covered with blood and no was in an
excited condition. Am family physi
clan Blows on Captain Bennett could
seriously weaken him. Age about 60
(Objection to question as to mental
condition which was sustained) Blows
would cause sense of fainting Re
direct Blows would produce fainting
effect on strong robust man. Thinks
wounds inflicted by fist or blunt instru-
ment Blows were very severe
DR. Mcdaniel Graduate Rush Medi-
CAL Chicago. practiced two years Saw
Finlay at his home Aug. 3. Was called
to treat him. Fonnd him weakened,
excited. and suffering from hemorrhage
Described wound. Three wounds on
head caused by blunt Instruments
Slight abrasion of scalp. Saw Finlay
at hospital 1000 p. m Remained in hos
pital until 8 80 Aug 9th Attended au-
topsy. Death caused by loss Of blood
from gun shot wound.
John Tromblay Received a revolver
from DIR. Darling. Identified IL and
holster. Took revolver. Examined cham