The Dickinson press., 1904-11-05

he examined the gun; thought he ex.
pressed an opinion that It had been
recently fred. The explosion of gun
powder resulted in gas and q small
NOV. 3 for PRESS Barbour
amount Of carbon, upon which the air
had practically no effect, carbon in
the barrel exposed to dampness might
change its position and particles
gather together, but not its chemical
construction. Did not notice any
grease; had it been there In consider
able quantities would indicate the
chamber had not been recently fired;
particles of tallow might remain after
firing; most Of it would burn. Had
not had any trouble with liner
neither n wanted 1t very bad.
M. Mckinley testified to telling
Mitchell to leave the st. Paul house;
did not of his personal knowledge
know as to what was claimed regard
ing Mitchell's conduct.
B.. K. Clinic wa called to impeach
Mitchell as to Browns making dents
in a revolver by striking on nails in
a packing box. The story was en-
tirely false. Revolver 40" was his
gun and he never owned or saw re-
volver IT,; bought Mitchell's clothes
October 26, 1908. The dog story was
false; the sheriff took Clinics dog
from the a containing Mitchell's
goods, and Mitchell himself, ready to
start for Washington. Did keep $3.50
out of Mitchell's wages because the
revolver 40" was not to be found.
Cross examined. was just as certain
he lever handled revolver IL" as Of
any other part of his testimony. AS
| certain he never introduced a woman
to Mrs. Beard as his wife as of any
other statement. Returned in Deem
Der on Saturday evening from st.
Paul; Brown returned with him.
Asked if he was as positive that re-
| volver IL" was not in his room as
mony, answered: II am and more
So"
Mrs. Jane Clinic, mother of the &C.
cused, lived with him in Cooperstown.
and identified revolver 40" as the
gun in Clinics room.
DR.. Davis said the condition of the
clothing in the third picture taken was
the same as when the body was un-
covered. Cross examined, did not
loosen the shirt until after the third
picture. Thought the left flap was to,
if not above, the waist band: Dinsdale
assisted in handling the body. 1t was
true Pomroy asked them to stand
away; had no recollection of what
he told Dinsdale prior to taking the
third picture. On redirect stated he
believed the conditions the same in
all the pictures because he had no
remembrance of any change and no.
body in authority would allow any
thing moved until the formal autopsy
began.
DR.. Perkins testified he thought the
condition of the clothing in third pic
ture was the same as in the others.
On cross examination said he glanced
at the body when the cover was re-
moved. Could not swear as to de-
tails then; could not of his own
knowledge say if anything was
changed between second and third
picture. On redirect felt quite certain
nothing was disturbed.
Harold Brown c%orroborated Clinic
in denying Mitchell's statements re-
garding box, nails and revolver; re-
member Mitchell getting the clothes.
Shown revolver "10", said it was like
the one lying around Clinics DON
where they slept. Roy Clark was
there but witness did not remember
when. Denied that he struck "L", or
anv other gun on nails as stated.
The defense again rested.
Harry Knudson, called by the state.
removed the cover from liners BODY:
no portion of liners shirt was out Of
the waistlband-not out in the back
or at the sides. Cross examined. had
not seen the photographs: the BODY
vas not disturbed until the coroner
came.
C. M. Dinsdale was a member Of the
%coroner's jury: helped remove the
cover: the shirt was all tucked in
inst as his his would be now. Before
the last picture witness pulled up the
shirt on the left side. supposed Pom
row was through taking pictures: was
there all the time: thought DR.. Davis
told him to begin to remove the
clothing: Pomroy told them to stand
aside. Cross examined said he no.
+iced at first details regarding the
hodv. Pulled the shirt On the left be-
"aree he stood on the left.
The state rested.
CHARGE TO THEJURY.
Gentlemen Of the Jury:
The most solemn, and in many respects the
most important duties relative to this trial, re-
main to be performed by you.
As you proceed to the performance of those
duties, you will do we'll to keep in mind the
oath which You took before you entered upon
the discharge Of your duties. You will remem-
Der that you swore that you would we'll and
truly try and true deliverance make between
the State Of North Dakota and the defendant.
BENJAMIN K. Clemie, whom you have in charge.
and a true verdict render according to the evil
dence which should be given you in court.
As you call to mind the obligations which this
duty imposes upon you. you will be reminded
that It has been and still il your duty to give
this defendant a fair and impartial trial. and
find and base your verdict in this case solely
and alone on the evidence which has been adj
duced here in court. In your presence.
Hence, il you have any prejudice III your
mind against the defendant, on account Of
anything You may have learned about him out
side the evidence in this case, it should not
influence you in arriving at your verdict. On
the other hand. II you have any sympathy for
the defendant. arising from any cause what
ever, it has no place here, and should not
influence you in arriving at your verdict. 1t
is your duty to call to mind, as far as you may
be able, the evidence, and from such evidence
find facts upon which to base your verdict. In
the discharge Of this duty under your oath, you
are not to be influenced by either prejudice
against or sympathy for the defendant. Your
solemn oath makes it your imperative duty 10
be guided solely and alone by the evidence
which has been introduced here before you in
open court. You are the sole judges of all the
facts in this case. To those facts you are to
apply the law which it is my sworn duty to give
you.
The defendant in this case stands before you,
charged with the crime of murder.
Homicide is the destruction of the life Of one
human being by the act, agency, procurement
or culpable omission of another.
Homicide Is either:
1. Murder.
2. Manslaughter.
2. Rxcnsahle hOmicide. oY