The Dickinson press., 1904-10-29

March without a CUR. Did not know
liner was at horse camp May 18th
Goodall said he left liner there but
that liner was going to Paul's. wit
less saw Fordyce when a half mile
away and Fordyce remained in the
same place until witness was lea
enough to recognize him. Clinic
described liners dress May 18th; was
of the opinion he wore a belt-would
not swear 1t; thought a pair of gloves
were lying near where liner was at
work when they drove up. Witness
was positive, liner had gun under his
shirt and illustrated to the Jury it's
position. 1t was a bright revolver
either nickle plated or silver. Wa
setting on wagon seat when he fired
first shot, Hartell beside him. liner
was making a duck to go under the
fence as witness shot, and did not
nov after. Could not identify the
revolver liner had. Witness got out
Of the wagon but was positive he did
not shoot after he got out, though he
thought he had his rifle in his hand.
Did not call Fordvce down but Hartell
did. When he say Fordyce had no
gun, put his into the wagon and picked
up his pipe which dropped when he
ducked his head. Said to Fordyce, Il
did not pull a gun on him till he shot
at me. I want you for a witness"
Did not see Fordyce go into the house.
Did not shoot as he rode away. Saw
Knudson at the gate with the horses
as he turned to go away. Did not
own a nickle plated revolver May 18th.
Mid mt hpv 0no In CT poN1 o~1 lid
not exhibit one in Cooperstown and
he was there with a woman whose
husband he feared. Bought one in
Cooperstown for a hired man-this
enc broke in the middle. Witness
said he thought he said Goodall said
May Bird. 81 don't care if a man is a
murderer and a horse thief, ETC."
liner was on the top step of the porch
about 10 feet from door on morning of
May 4th. Had told him before not to
come on premises. Ordered him away
then. liner r%etreated a few feet.
Goodall did not come out then. Went
in and got his hat. Gun in liners
pocket looked like a six-shooter. Wit
ness indicated the location Of the
wagon May 18th at point where
ploughed ground intersects the ravine
the low ground. Witness illus
trated as best he could-his position
when firing from the wagon.
Wednesday p. M.
Clinic testified that he turned on
the wagon seat and threw one leg I'VE
the wagon box when he fired.
Redirect examination brought out
that he came to Dickinson May 18th
and gave himself up; was guarded day
and night. After being sent to Bur-
leigh county Jail vas kept in small
cage cell without exercise. Had not
seer Hartell or Brown since May 18th
and 18th. Did not testify at coroner's
inquest and did not know there was
one until two or three days after.
Re-cross examination showed W. C.
Crawford represented defendant at
time of inquest.
Thursday A. N.
B. K. Clinic, recalled, testified t o
coming up on the train from Taylor as
testified to by state. Sat down by
Simpson in crowded car, not knowing
who he was. Told Simpson he left
liner at the ranch. Witness said
they'd better settle. Said liner was
a--- fool and he (Simpson) did
not know what was the matter with
him. Witness told Simpson the papers
were no good-it was a bluff game and
gave him a good chance to fix them
both plenty. Witness explained he
had no reference to bodily harm.
Cross examined by Mr.. Simpson,
denied all acquaintance with Myrtle
Young and all knowledge of register
ing or. introducing her as his wife in
st. Paul last January. Denied saying
to Goodall that he was going to Dick
inson Sunday, May 18th. Denied be-
ing in Christen's store at Taylor Febru-
airy, 1904, or having any conversation
in that store.
Charles !. Hartell was called by de-
Tense. Witness testified to coming to
Dickinson with Clemie-working for
him here ard in Cooperstown and being
in with him on the liner cattle deal;
went back to Cooperstown in August
1903; was at p ranch all last winter.
Talked in the barn in March with Elmer
about Clemie. liner said "Clemie makes
me angry enough to kill him.. said
he would not do that, it would not be
right. To which liner replied "Some-
times a man needs it,. Witness testi-
fed as to May I5-to going to the ranch
as before testified 10, save that Clemie
drove a little way. Hartell taking the
lines because Clemie wished to light his
pipe. Witness first saw Fordyce going
toward the barn. Related conversation
between Clemie and liner; said liner
answered Hello" to Clemie's GOOD
morning, OLE. When Clemie said he
thought he ought to have money for
wintering the steers, liner rose, saving,
"Ill kill you, God damn YOU. Witness
ducked to escape the shot and got down
in the wagon. Heard two more shots
but would not swear that at any time he
saw the rifle in Clemie's hands. When
he got up, liner was lying under the
fence and Clemie was getting down.
The horses started up a little at the
shooting. Witness from being in the
bottom of the wagon and frightened
could not answer positively as to the
various occurrences. Has been in Stark
county Jail since the tragedy. There
was no shooting after Clemie got out.
Powder used was smokeless. Cross.
examination:-Hartell said he was a wit
ness for MIR. Clemie in a criminal case
in Cooperstown. Asked if he had a talk
with Mr.. Offet just after the tragedy,
said he saw him but did no tell him Of
the shooting and thought he had no con-
versation with him about MIR. liner. In
cross examination witness stated liner
was abreast of the horses and some six
feet north when the wagon stopped.
Wagon had a rather deep box but was
not double. Was very positive liner
answered Clemie's good morning"
Witness stated theIrif1e would hold E or ?
shells; he took loaded shells out of the
rifle upon returning to the ranch. Knew
| A. {. Mitchell at Cooperstown. Mitch
/ ell worked for Clemie at Cooperstown
| and was out here last fall. Denied using
threatening language to Mitchell about
liner. Upon redirect examination wit
ness had no doubt that Clemie must have
| had the rifle in his hands.
THURSDAY F. NJ. ..
Harold Brown was sworn. Is nineteen;
lived in Cooperstown until February,
Ioo3-Clemie's wife was his sister. Came
to Taylor Feb. 8, 1903, with car oil
Clemie's household goods for the ranch.
Worked for Clemie at P ranch. Testi.