The Dickinson press., 1904-11-05

came to ]. P. ranch about the middle
Of February. Witness saw a short
barrel, nickle plated, black handled,
crack open. 80 calibre revolver at
Clinics. 1t was like revolver "10".
Cross-examined said go" was just
like Clinics gun.
Monday A. M.
The state rebuttal was continued by
Peterson. Witness lives west
of Kildeer Mountains; knows Andrew
and had a conversation
with S~choenline at the ranch about a
month ago, wherein Schoenline said
that Clinic deserved a pension for
liner. Cross examined witness
did not say the same thing himself.
Sheriff Goodall was shown the re-
volver picked up, exhibit "L". Ac-
to firearms most all his
life. Examined the barrel of the re-
volver o closely after he came to
town to see if it had been fired.
Brought it from the horse camp in his
valise. In his judgment the revolver
had not been fired, because the inside
of the barrel was bright with no sign
OF powder; the empty cartridge shell
looked like an old one-showing
corrosion- and had been freshly
creased, to get it in. The empty
cartridge had been in witness pos
session since May 10th. The grease
then was fresh and sticky and now
dry; otherwise the empty she'll ap-
pears the same now as then. Mr..
Goodall stated that Messrs. Rudiselle,
Carter, Chaloner and j. S. White ex-
amined the gun IL" in his Office.
Cross examined Sheriff Goodall said
he picked up the gun about II a. M,
May 10th. Revolver IL" was not in
evidence at the coroner's inquest; the
cylinder was not sent to Washington
and the gun was not sent to st. Paul.
The sheriff had reloaded rifle and a
few pistol cartridges, but did not
claim expert knowledge of their
manufactures; supposed tallow was put
for n eason to keep cartridge
water proof; a shell would naturally
be a little tighter after it was ex-
plowed. The sheriff said these car
tridges were 80 short; he did not
think the cartridge was examined at
the ranch, the cylinder was not taken
out anyway. He would not swear
the cartridge had not been fired with
in "a hours; but in his best judgment
not.
Richard Fordyce, recalled, testified
that he and liner had been working
about two hours that Sunday morning
when Clinic, Hartell and Brown ar
rived. Witness impeached Clinics
testimony as to Fordyce being in the
door OF the shack when Clinic first
saw him; he was not. Hartell testi-
fled that he called Fordyce down after
the shooting. Fordyce thought it was
Clinic. Fordyce saw no pipe in
Clinics mouth and saw no pipe at
any time. Witness restated that
Clinic was 20 feet west and a few
feet north of the wagon when he saw
him fire the second shot.
Clinic, Hartell and Brown had gone
when Knudson came UP.
Hartell was facing toward the house
when the second shot was fired and
was looking that way when Fordyce
was called down. Fordyce was about
oO yards away and the person who
called him spoke in an ordinary voice.
Witness impeached Clinic by stating
he did not come out of the barn and
go almost to the gate. Witness did
o see Harold Brown duck into the
wagon. Cross examined witness said
ne thought the sur was shining: he
raced south as he came from the
house. Witness did not say to Mr.
Crawford in the presence of Goodal]
mat he was so scared that morning
that ne did not know how it did, hap
pen. Witness did not remember stat
ing at the coroner's inquest that he
went into the house and from the
house to the barn.. Redirect. II
his best Judgment the team was there
hve to seven minutes. and two tt
three minutes after the killing, Or
re-cross examination, witness did no
think he said from 3 to 5 minutes IL
all. Identified his signature to testi
mony sworn to at the coroner's in
quest; stated again he did not remem
Der stating that he went from thu
house to the barn"
Mrs. T. L. Beard testified to beins
introduced to Clinic by liner; tina
January 10, 1904, Clemie brought t,
the Kings hotel in st. Paul where
Mrs. Beard and her husband were
boarding, a woman whom he intro
duced as his wife, and identified thu
defendant as the same Clinic, eros.
examined; is not the least bit inter
ested in the case.
The defense recalled A. G. Mitchell
for further cross examination. Wit
ness was shown a box similar to thu
one witness described and a simila]
revolver and asked to illustrate oop
the dents in revolver III. We're mau
Witness ILLUSTRATED Browns position
on the box, but conditions being diff
terent, not the stroke with the gun
The witness admitted leaving the st
Paul house in Dickinson; he denied
being put out for indecent conduct
but asid Mr.. Mckinley said he'd "ius
as Left I went" Stopped off il
Medora on his way, but denied tellin,
there he was to receive 5000 for hi!
services. Was in the country a weel
with Paul liner, part of the time a
the hotel in Taylor. Paul liner ha,
not paid him anything, nor had any
body; he borrowed a dollar of Simn
son and a dollar of Knudson.
Monday p. M.
Fir. T. l.. Robsteinik, recalled, dit
not hear Simpson tell Clinic exactly
or in substance, that "Climie had bet
ter look out for Ziner-that Zine
would kill him if he didn't" Coul,
swear Simpson did not make such
statement. Cross examined said til,
train did not make noise enough S,
THAT he could not have heard ever,
word had he listened.
w. A. Carter testified that abou
May 10th or 18th, in Goodall's office
he examined a revolver brought from
the scene of the homicide-examine
gun, cylinder, shells and empty shell
Said revolver IL" had the same ap
pearance; J. S. White, L. H. Rudisell
and VIM. Chaloner examined it a,s'
In the sherif's Office. The cylinde
did not show rust when witness ez
amined it, but the chamber had bee
freshly oiled; the other chambers ha,
the appearance of being loaded, bu
there was no fresh oil in the others
Cross examined did not think whel
one chamber was fired tallow woul'
.,.- - Ill.,