The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1904-01-22

dow but he did not know his name.
Witness further said that he testified
at the preliminary hearing that he
knew defendants voice because he saw
his face at the window, while he was
talking. Witness said he was sure that
it was moonlight, because he drove
to Willow on that light and had occas-
ion to notice it, He said that Rice was
the one that opened the barn door after
the shooting and that there were none
of the rest trying to get in. 80.
Orville Hawn was called and testified
that he was in the barn at the time of
the shooting and said that Deschamps
was sitting OH the bed at the time the
defendant came to the barn and that
he got up and went to the window,
and that someone asked for a team,
commanding him at the same time to
open the door. which Desc hamps re-
fused to do. Then the party on the
outside told him to open it and open
it d quick. Witness said that the
voice sounded like that Of defendants.
He said that he did not know who fired
the shot, but Immediately after it was
fired Deschamps stepped back ]. and said
"boys, am shot. -
Herbert Martin was called and said
that he saw defendant that afternoon
and also that he was in the barn at
the time the shot was fired, and that
he heard someone ask for a team. and
that he was told that he had no team
there. Witness said he heard someone
swear and command them to open the
door, and said it sounded like defend
ants voice. but he did not see him.
He further testified that it was through
the door that Deschamps was shot and
that he saw the wound after the shoot
ing. %% ,fs =
Fred Rice was called and swore
that he saw defendant that night in
Schoonover's g barn and took revolver
from him, and that all the chambers
were full when he got it. He said he
took Deschamps to the Doctors Office
and after coming away saw the defend
ant in front of the Shamrock hotel, in
company with John Dwyer. and told
him to move on. Witness said that
he found an empty shell on Sunday
morning near where defendant was
sitting on the sidewalk. He said that
he fitted the bullet that was taken from
Deschampes' leg into the shell and that
it fitted, that he also fitted the she'll
into the defendants gun with the same
results. On cross examination he said
that the shell would fit any 3S-calibre
gun. .a.. .-- - ssz
DR.. Stewart was called and swore
tnat he took the bullet out of Des @
champs left leg below the knee. ~
Fred Rice was called and after ex-
amining the gun that was shown him
swore that it was the one that he took
from the defendant on the evening in
que stion. The state rested its case.
The defence informed the jury that
they proposed to prove. an alibi. They
called John Blazer, who swore a shot
was fred while he was talking to Fred
Fry, the defendant, at the southwest
corner Of the Shamrock hotel. He swore
that he heard Rounds voice at the
stable asking for team, and saw him
coming from the barn after the shoot
ing He swore that defendant did not
k1~o MI o~1l o1L 81
the time the shot was fired. Witness
said that he was about 100 feet from
the barn. He also said that he had
known Fry for about three years and was
with him nearly all the day before.
He also said that he knew Rounds,
having worked on the same threshing
machine with him, and that they had
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