The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1904-02-05
$1.5O A YEAp

Ell. March lst, and that the defendants
place was one half mile east of his and
that he had to pass within four or five
rods OF witness house on the wav to
Mattson s place. He said that fax.
was worth 80 cents bushel and wheat
80 cents a bushel. On cross -exami -s
nation he said that Mattson got the
flax about October 1st, 1901 and to the
best of his knowledge Mattson was
dead on the March 1st 1902 and that
ne had left the country sometime in
November, 1901. Witness said that
he just weighed one b,lshel of the flax
and measured the balance and sacked
it up Matson agreed to pay for the
flax but did not do So Witness never
saw the flax after it left his place. He
said that he went to Mattsons S place
with Henry Stacker but there was no
flax there. He testified that he saw
200 bushels Of wheat put into the house
in the fall and that he saw defendant
and Herms go to Mattson S place about
March first Witness said that the
defendant moved house onto this
land and placed it within three or four
rods of Mattson s house. He said
that he did not follow the sleigh track
which was near the window. He
swore that he had not laid plans to get
an interest in this land in case de- y
fendant was convicted, and had no in 81
tention to get evidence for a contest
when he went to the place. Several
questions were asked the witness in re-
gard to the starting Of contest. which
the court refused to allow him to
answer. Defendants 8 attorneys were
informed that this line of questioning
must not be persisted in or something
besides sustaining the objectins would
happen. Witness said that he did not
know of his ow nknowledge that Matt
son was dead. He further testified
that the window of the house had been
taken out aud set back again. Adolph
Herms was called and said that he
and defendant went into Mattson s
house and that there was wheat and
fax there and the fax was in new
sacks. This was about February 26th
He slept with defendant in his shack
on the night of February 2Sth, and
he said that defendant was at Matt
son house on March first and took
twelve sacks of fax and four sacks of
wheat. He said they were loaded in
tine evening and taken away in the
morning. Witness asked him if the
grain was his and he said yes, that he
had contested the farm and everything
on it belonged to him. but witness
did not know who owned it. He said
that he and defendant came to the
shack about ten clock in the evening
and that he went in and built fire
and when he came out defendant was
at Mattson' s house loading the fax.
that he had the fax down stairs and
that two of the sacks had holes in
them. They filled the wheat in the
morning. He said that he told Blood
that Gajewski had taken the fax and
that afterwards Whiting asked him
if he was sure that defendant took it.
He said that he had no spite against
defendant. Witness had conversation
with defendant after he was arrested
in which he told him that he took the
flax, wheat, broom and lamp. He
said the boys in the Jail heard the con-.
versation He further testified that he
had never blamed defendant for his
arrest or for not telling him in time to
get away. When asked where he
lived, he said in Jail, and before that
time at Estevan, Canada. He said
the marshal of Omemee arrested him in
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