The Dickinson press., 1904-10-29
offered in evidence and accented over

offered in evidence and accepted owe
objection by the defense.
The state here rested.
On a motion by Mr.. Hildreth to dis
miss the case for the reason, amor
others, that the states attorney O
Stark county had no authority tt
sign the complaint, the jury were re
moved and an houT spent in arguin,
the motion. The court ordered the
case to proceed.
The defendant through his counsel
w. C. Crawford, pleaded not guilty tt
the complaint.
The defense was outlined by Attor
ney Crawford-self defense being the
plea.
The first witness for the defense was
Benjamin X. Clinic. Witness is IS
years old; has been married; his wife
is dead. He has a mother seventy
six and boy four years old. May last
his mother and child. Hartell, Brown
and himself we're living at J. P. ranch.
Came to Dickinson February Z, 1904,
and went to ranch to remain per
manently February 18th. Met o. P
liner first at the ]. P. ranch July 20,
1903. Witness identified his own and
liners signature ON land and stock
contracts and identified a copy of re.
plevin papers served by Sheriff Good.
all May Bird. These contracts were
marked and offered in evidence by the
defense but not accepted. Hartell and
Brown were at the j. p. ranch when
defendant went II February II, 1904.
liner came out next Monday. liner
had been out nearly every week all
winter. Witness recalled Sheriff
GoodalTs serving papers in the re.
plevin case May Bird. liner came with
Goodall. Heard Sheriff Goodall's
testimony for the state. Asked to
state what occurred after Goodall came
to his place May Bird, witness stated
that Goodall ven out to the road and
talked to liner; then got a drink at
the pump. In the house Goodall laid
down or couch. Goodall said he had
a proposition from ~Ziner-namely to
take the cattle back and pay for all
steers that counted out. l would not
do it. I said I had heard he (GoodalD
would not serve the papers-that they
were not legal. He said he did not
care a - - whether they
were legal or not; did NOT care if
liner was a murderer and a horse
thief and - - - - -.
he'd serve them. Said he had never
read them. Witness read replevin
papers and Goodall the steer contract
and they talked the matter over.
Goodall said, Il don't see much in it,
Witness said he could not do anything
with the cattle if he retook them,
since liner had leased all the land in
the vicinity. On May 4th liner came
over between 6 and 7 a.. M. Witness
saw and talked with him in the yard.
liner did not say much. Witness had
forbidden liner to come into the house
and told him May 4th. to take his team
and get off the place. liner had his
hand in his overcoat pocket and wit
ness said "why don't O pull out
your gun and shoot: you've got the
sheriff here to protect you" Witness
said this because he saw the shape of
a weapon in liners pocket. liner
wanted Goodall to take the hides then.
but Goodall said he had no authority
to do so. They tailed them out.
Wednesday p. N.
Clinic continued his testimony as
follows: l told Goodall the papers
were no good; hat liner had more
money than l to fight it; that l had
filed on the land where the house was
and he could not drive my mother and
little boy out. I had heard liner was
| going to 10Y the buildings. Sheriff
Goodall kept saying, he had troubles
enough of his W and did not seem to
pay much attention. AT the J. P.
ranch May 18th were his mother, son
Brown. Hartell and himself. MI.
| Goodall drove by as witness was
| gathering some horses-early part of
the forenoon. About 10 o'clock, Har-
tell, Brown and witness left ranch
out what they could about the steers.
Met Harry Knudson. The road to the
horse ranch is a good, direct road, not
exactly straight. From horse ranch
house door a person could see three.
fourths of a mile, easy. Witness first
saw Dick Fordyce standing in house
door. Dick stepped down and went
towards the barn. Was last at the
horse ranch shanty the last of April
or first of May. Witness shown state
exhibit "J', (plat). said the represen.
tation of the road was correct. Wit.
ness found liner at the horse camp.
Said. Good morning, OLE" liner did
not open his mouth, Witness said
"See you're making a garden" eyes
Pm planting onions" Clinic said
what business have you coming in
on my land, taking my cattle and run.
ming them on my land?" liner replied
he'd do as he God damn please. Wit,
ness asked about the steers and liner
said he'd got them and what could
Clinic do about it; that he should keer
them on grass until fat and ship them
Asked If he would pay for them, said
"No'. Witness said he was going tt
round up the steers and take them
liner pulled gun from under his shirt
and said C." - - - -
- if you don't get out of here III
shoot you," and blazed away. Zinel
was Is feet away. Witness ducket
his head. When liner saw Clinic
take his gun, he stumbled over pick
handle and partially fell. Witness
called Hold on here" liner started
to run toward the house. Asked why
he fired witness said liner ha6
threatened to kill him and he hat
been told to look out for him, tina
he'd killed his brother and triet
to kill another. Had been informed
prior to May 18th that liners char
acter was bad. Firmly believed i
liner got to the house and got a CUR
he would do him (Climie) bodily harm
Hartell and Brown were near whe1
Clinic fired; Fordyce also in sight
Witness shot from left shoulder; uset
smokeless powder-there was no
enough smoke to see hardly. Witnes!
supposed there were three shots free
-one by liner and two by him. al
though he had no recollection of firin.
a second shot-had no recollection o
what happened for a few minutes
Shown original replevin paper
marked defense exhibit 8. Witness
identified liners signature.
The jury was excluded for a few
minutes. Defense offered land an
cattle contracts and replevin paper
in evidence proposing to prove tina
Clinic had exclusive right to tn
property in question; that the sheriff
had no right to seize the property
that liner violated the contracts; tina