The Dickinson press., 1904-11-05
FRIDAY p, NJ, OCT, %.

Charles Ofet lives 40 miles from
Dickinson; was returning home from
Dickinson May IS and met Clemie and
Brown. Stopped and talked ten or
fifteen minutes. They said they were
going to Dickinson. Witness asked
them to 60 to Lyons barn and get a new
sweater he had left there. Asked if
they had seen his friends, liner and
Goodall. They said, yes, they had come
out to measure some hay. Witness
asked what hay there could be to meas
ure in the spring. Witness reached the
P ranch about moor or a little after;
found Hartell there and stayed for din
ner an hour or 80. Witness asked,
"Whose cattle are those7" Hartell
said, "Ziner's." "They don't look so
bad" "No." Witness asked if liner
were at the horse camp. Hartell said,
II don't know. l guess So" 1t rained
after dinner and witness put Hartell's
tarpaulin over his wagon. No cross
examination.
A. c. Mitchell of Snohomish, Wash
ington, was the states next witness.
Mitchell worked for Clemie in May,
1903, and again from the last of August,
1903, to January IS, 1904. Clemie went
to St. Paul the first days of December,
1903, and was gone a week or ten days,
returning from the 18th to the 18th. He
said he had been in St. Paul and he
brought home a long barrel, nickel
plated, 81 caliber American double
action revolver. Shown state exhibit
IL" said, at looks like the one Clemie
brought" Witness had seen this revol-
yer in Clemie's room at his place near
Cooperstown. Clemie said he bought it
in St. Paul for protection; that he was
there with Myrtle Young-another
mans wife-and he had the gun in case
her husband should come in on them.
Exhibit 1.-THE revolver-was offered
and accepted in evidence.
Cross-examined the witness said he
had never had what he would call
trouble with Clemie. Clemie kept back
$3.50 of his wages and he went off and
left it. Asked if they had trouble about
a dog, said mo" He had been used to
working the dog and it followed him
four miles to where he went. Witness
testified that Mr.. Ahern came to see him
in Snohomish, questioned him and took
his written signed statement Of his testi.
mony. Understood he was to receive
expenses and mileage. He was not
paid anything by Mr.. Ahern.. His
testimony was taken down in Simpsons
office but it was not read to him nor had
he seen it. Witness saw the revolver
IL" in Goodalls hand in Simpsons
Office, and Mr.. Ahern showed it to him
in August in Washington. Witness
identified it as the gun Clemie brought
from St. Paul by the dents on the butt,
being also the same make and having
long barrel. He had seer it several
times in Clemie's room and had had ii
in his hands; had never fired it. Saw
more than one gun at Clemie's. Showl
defense's exhibit "lo"-a smaller revol'
ver-said it was not the n Clemie
brought from St. Paul. Had seen tina,
one, or n just like it. several times
Clemie bought it in Cooperstown fol-
ELECTED that one Lawrence of Coopers,
tow took revolver 30 away from the
witness on the prairie in October, 1909
when he was herding sheep for Clemie
The witness claimed Lawrence did no
wish the sheep to Craze there. He die
not pull the gun on Lawrence. Asked
for the gun: believed it was refused
Last saw ~revei&er 80" about the time
he left Clemie's. Clemie would not lie,
him have it, and kept the price, $3.50
besides. Witness would not swear
revolver no. to be the gun .Clemit
bought for him. ut looked like it anc
he thought it was" Harold Brown pu'
marks on the longer one the first o.
second night after Clemie brought i
from St. Paul. Brown was sittins
astride witness dry goods box and usee
the butt of the revolver pounding dowr
nails-could not say whether points o.
heads-and made tie dents seen
Clemie cursed and took it away. Said
"You God damned little fool, you; don
you know any better than to do tina