The Dickinson press., 1904-10-29

0dlu LlQer ulou TO XIII MIN put NJ
(Climie) got liner instead. Clinic
said, There's his gum" pointing tt
revolver. Fordyce had never seen the
revolver until then. The witness wa!
subjected to a long and severe cross
examination but his testimony wa!
not shaken. Redirect examination
brought out that Fordyce at no time
saw liner standing.
Harry Knudson, recalled, had beer
at the liner horse camp about 9
month at time of homicide. liner had
been at the camp two or three days
Described the shack and contents in
detail. The only weapon he knew Of
was a shot gun. Gun was not loaded
when he returned after the killing
did not know if it was loaded Sunday
morning. Met Clinic, Hartell and
Brown about two miles from the camp
and had some talk with them. Corrob.
GRATED previous testimony as to their
seats in wagon. Came in behind
Clinic. Saw Clinic fire after liner
was dead-heard three shots. Saw
revolver on ploughed ground-had
never seen it before.
Sheriff Goodall, recalled, testified to
going to Clinics place May Bird, to
serve some replevfn papers. Test.
mony as to these papers was ruled
out, but witness, over the objection of
the defense. was allowed to proceed
with other testimony. When witness
went to get the papers Clinic said
Hold on, wait a minute" witness
told Clinic he had a proposition OF
settlement and stated it. Served pa.
pers on both Clinic and Hartell,
Clinic talked some, cried a little and
swore a good deal. Clinic said, Hes
trying to break me. He'll never live
to reap the benefit Of it if he does.'
liner came next morning to Clinics
place. Clinic went out. He heard
Clinic swear. Finished breakfast and
went out himself. liner was stand.
ing by buggy. Went to sheds and
pulled out some hides and came back
near the buggy. Clinic said he'd licl
liner. Went to liners place with
liner May 18th, c~orroborated previous
description of house. Slept with
liner the night of May 18th and 14tn.
liner took NO grip out May 18th. Saw
no revolver on liner or about the
house. Never saw the revolver found
near the body until May 10th. Wit
ness produced the empty cartridge
shell marked exhibit "I", which was
excluded for the time being from evil
dence. Witness left for Dickinson
May 18th, at $40 a. M. Went by
Clinics. Clinic asked if he had any
papers to serve concerning some
steers. Witness had none. Clinic
made more threats. The state at.
tempted to bring out certain remarks
made by liner at the ]. P. (Climie's)
ranch May 4th, in reply to abusive
language used toward him by Clinic.
Strenuous objection was made by the
defense and the jury was taken from
the while the point was dis
cusSed.
Judge Winchester, over the objec.
ton of the defense, ordered the jury to
visit the scene of the tragedy, and
appointed R. ]. Craig to show the jury
the liner sheep camp and designated
Monday for the trip.
Tuesday A. M.
Trial of the Clinic case was re-
sumed at nine o'clock.
NAA. NoouolA i LID lCSllluOuy.
Mr.. Simpson withdrew the disputed
question requesting witness to state
what liner said to Clinic. Sheriff
Goodall testified to visiting the liner
horse camp, 80 miles norteast of
Dickinson. in company with B. X.
Clinic, Monday, October Oath. Saw
there Attorney Crawford and Simpson
and the jury in charge of the bailiff
and R. ]. Craig. Found everything
about the place same as last May ex-
cept a new gate at the southwest
corner-same place as the old one.
There was no new ploughing; grass
closer now and dryer. Was among
first to enter upon the ploughed
ground May 10Th. Saw empty shell
before it was touched and took i'm
mediate possession of it. Could not
say if he picked it up.
\ Cross Examination.
liner left him at Clinics and went
on toward the horse camp. Witness
was positive that liner said very lit
tie at any time. Never heard Clinic
say anything to liner about liner hav-
ing a revolver. Witness did not re.
peat to liner the language used and
threats made by Clinic May Sd. There
was some difference of opinion as to
number of cattle lost during the win.
ter and defendant claimed there was
not enough hay. Witness never saw
a carbine at the horse camp.
Richard Fordyce testified as to the
unchanged condition of the ranch
since May 18th. save the construction
of the new gate before mentioned.
This and previous testimony was
introduced to assist the jury in their
conclusions after viewing the premises.
r. S. B%rookings, county surveyor
for several years and a surveyor for
20 years, was then called. A plat OF
the liner horse camp made by Mr.
Brookings shows the various elevations
and the location of buildings, fences
etc., and is drawn to scale. This plat
was offered in evidence by the state
accepted and known as states exhibit
"J",
A. l.. Esse was called by the state
The defense objected because his
name did not appear in the informa
ton, but he al allowed to testify.
Tuesday p. M.
A. L. Esse continued his testimony
relative to a conversation of Clinics
in a store in Taylor last February
Said defendant in speaking about some
lumber deal with liner. said "he't
seen worse men than liner and was
not afraid of him." That they would
meet some day and get even. Clinic
said, "he'd fill that - -
-- full Of lead if he evel
monkeyed with him."
John w. Goodall shown state!
exhibit "H", a riie-said he got 1t a
Clinics house May 10th last, from
Charles Hartell. Witness identified
states exhibit TX" as the cartridge
from the above mentioned rifle. Wit
ness compared these cartridges will
empty cartridge found on ploughe,
ground near liners body. Fount
them of the same size and calibr'
and of the same make.
Rev. T. L. Rabsteinek testified to
conversation on an N. P. train be
tween Richardton and Dickinson Ma,
18th, 1904. between defendant and L. A
Simpson, in relation to the action be
gun by liner against Clinic, wbel
Clinic said of liner. "1'll fix him."
Tla n Chr;cfor n ~,o,osoyf ~ To1