The Dickinson press., 1904-11-05

with a new gun" Witness looked it
over to see how much damage was done;
Asked again as to his pay witness said
he he had n1, to pay Mana = man n s. per day G, TO take Ike
revolver IL" other than those on the
butt. Asked by one of the jurors rela-
tive to saying he was a government
irrigation employee, said he had not
intended so to state; was interested in
irrigation propositions.
On redirect examination, Mitchell
said he had Clemie's word that revolver
"L"-the n found near liners body
was bought in St. Paul; and his word
that 60, or one like it, was purchased
in Cooperstown. Witness carried re-
volver 40" some ten days before the
Lawrence trouble. Clemie showed re-
volver II" to Harold Brown, Roy Clark
and himself at Clemie's house. Witness
could moi swear that Harold Brown was
with Clemie when he bought IL" Wit
ness stated that he had been approached
by the defense as to his testimony but
refused to talk until on the stand, and
when told by them he was wanted by
parties in Missouri, said, Bring them
on" 1t was the wish of the state that
the. object of his visit here was not
known. Revolver 40" broke in the
middle as did the gun bought in Coop.
erstown. Witness was positive 40"
was not the gun bought by Clemie in St.
Paul. Re-cross-examination: Witness
did not know if his wife was in Mis-
souri,. Did not say he was to receive
$500; did say the detectives expenses
and his own must cost considerable
possibly $500. Described the box in
which his clothes came from St. Paul
and on which Brown injured revolver
IL" as a pine box, some 2oxI8xI4 inches,
the nails about six-penny size. Wore
some of the garments when he shipped
the last of November. The cover was
loose on the top of the box. The box
was not burned; witness took it to
Washington.
Sheriff Goodall explained the marks
| on revolver IL" other than the dents on
( the butt as marks made by himself.
When the gun ven out OF his posses
| sion witness filed a mark behind the
| trigger guard and when he removed the
cylinder before letting the gun 60, his
| knife made a slight scratch. There
we're no other marks or scratches to
amount to anything.
Harry kundson, recalled, said that on
May IS Clemie, Hartell, and Browns
wagon was south of the gate in the south
east corner and driving away southeast
/ when he first saw, it's distant some 800
yards. Could swear the wagon did not
come back to the road at the gate.
| Witness examined the ground in that
vicinity a few days later for wagon
tracks. Witness recalled that Clemie
wore a brown-gray shirt. Hartell wore
a coat. The smoke came from Clemie's
| side. Witness did not hear conversa-
ton between Clemie and Fordyce and
| did not see Clemie, Hartell and Brown
while they were at the scene of the
shooting. Kundson had been at liners
about a month and had never seen a
revolver at the shack or on liners
person prior to May IS; was present
| May IS and saw a revolver on the
ploughed ground but did not pick it up
or examine it. Could not say if he had
seen exhibit IL" before; it looked some
thing like the revolver he saw near
liners body. Cross-examined witness
stated again he saw Clemie for the first
time at a distance of 900 yards.
Detective Ahern testified to a CONVEX
sation he had with the witness Hartell
in which Hartell said he saw everything
that went on at the horse camp on May
18th, and when the time came to testify
he would tell it all.
In cross.examination Mr.. Hildreth
| sought to discredit the witness, and
| drew from him that the Pinkerton
agency, in whose employ he is, gets So a
day for his services. He also admitted
! that he had endeavored to elicit some
facts from Harold Brown, and had told
him that he was an attorney, sent there
by Browns parents.
SATURDAY A. NJ.
Clemie was called for further cross
examination by the state, as Accumulation
for Impeachment. Shown a certain page
! of the Metropolitan hotel register denied
writing thereon "Mr. and Mrs. B. K.
| Clemie, Dickinson, N. D." Did not
state to Adolph Nuns about April 3,
1904, in the presence of several that "he
I had abused that Norwegian - -
- and dared him (Ziner) to fight him,
| and had run him off the place. That he
had killed a mar in Montana years ago
and could do it again."
Mr.. De Camp Don clerk at the
Metropolitan hotel, St. Paul, January 10,
| 1904, was called as an impeaching wit.
/ ness. He identified the %.detendent,
| Clemie, as the man who was at the hotel
on the above date and who brought a
lady there and registered Mr.. and Mrs.
B. K. Clemie, Dickinson, N. ID.
The hotel register, marked state e
hibit "M'', was received as evidence.
Roy w. Clark was a resident OF Coop.
| erstown in December 1903, and aboul
the 18th visited his mother, who was
Clemie's' housekeeper, over Sunday,
Clemie had Just returned from st. Paul
Witness was in Clemie's room on the even
ing of December IS. Brown waslhere ano
Mitchell and Clemie, Brown sitting on a
box. Witness saw a revolver on the
table but did not examine it, knew it was
nickle plated and had a black handle.
Character witnesses were then called
by the state with a view to impeach'
ing Clinics testimony, by showing
MS reputation for truth and veracity
G. H. Lawrence, a Cooperstown
farmer, Joseph Stengle, a farmer liv'
ing on the same section with Clinic;
James H. Hill, a farmer living one
and one-half miles from Clinic II
Cooperstown, and Mr.. Weis, all testi
fed that they knew Clinics reputa,
ton in the community in which he
lived, for truth and veravity; that it
was bad; and that they would not be
lieve him under oath.
The defense in each cas- tried tC
discredit the testimony of the wit
nesses as to personal character OF
by showing some quarrel with Clinic
which might induce the witnesses tc
get even. These allegations were de
MED in each instance although several
had had suits with Clinic.
Senator Crane of Cooperstown testi
fled that he knew Clinics reputation
in the community; that it was bad;
and that he would not believe him
under oath. Cross examined Senator
Crane said he was not interested in
this case so far as Clinic vas con
cerned, but was interested in Harold
Brown. Sued Clinic for a lumber bill
but did not think Clinic disputed the
bill. Clinic was a matter of entire
Indifference to him. He did tel
Harold Brown he would procure the