The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-01-27
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| court.
Jas. McPhail who was member Of
the coroner's jury testified to moving
Stoddard's arm on his body and satisfied
himself THAT the arm must have been for
ward for the arm and the body to be shot
as it was. He also testified to the con-
dition of the roads. To the effect that
the road by the bridge was impossible
and that the roads north and south on
the west sides Of the farms were bad and
had water on them IN places. He also
testified that Stoddard's reputation be-
fore the shooting was good. But on
cross examination admitted that his
opinion was mostly based on his personal
dealings with S.
DR.. Gibson and DR.. Brooks were re-
called and testified to the position Of the
shots IN the arm and body by using the
body of living subject. Both concluded
that the hand could not have been near
the hip pocket at the time OF shooting.
Dr.. Harris was given a long hypotheti-
cal question descriptive Of the shots in
Stoddard's body and asked il ar could
have been extended to the back. in such
case and answered no.
DR.. Gibson was cross examined by
MIR. Sinkler and stuck to his conclusions.
Mr.. Sinkler then put the coat and vest
worn by the victim on his associate
counsel Mr.. Graham and the shot holes
in the coat and later in the vest, particu-
larly the later, seemed to prove that the
shots could have entered the body as
they did even when the hand was in the
hip pocket. The scene was quite dra-
matte at this time and the court, jury and
spectators were much interested in the
exhibit. lit was impossible for the re-
porter to make personal examination Of
this part of the program, but gives the
conclusions as made by Mr.. Sinkler and
not his own and perhaps not that of the
jury.]
Allan Pinkerton thought the reputa-
ton of Stoddard was good. He also
assisted in moving the arm of Stoddard
with McPhail. and came to same con-
clusion as to its position when shot.
The road at the culvert was impossible.
D. Sundberg also testified that the
water at the bridge coulie was up. to his
buggy box. -
A. F. Gardner, undertaken, took charge
of the body. Found the shot in chin.
From his personal knowledge Stoddard's
reputation was good. Saw Sherwin cpl.
sode when Stoddard was arrested. Did
not think Stoddard had done anything
very wrong.
Adjourned to Wednesday.
WEDNESDAY MORNING.
DR.. Gibson was on the stand. Cross
examined by Mr.. Sinkler gave large
amount of technical evidence in refer
ence to location ofshot, muscles OF the
body and as to answers made in the pre-
liminary examination. Later MIR. Sink
Ter introduced parts of Drs. Gibson anu
Brooks evidence at the preliminary ex.
as exhibits.
Chas. Smith Of I-angdon, lumber deal
er, M. ]. Morgan farmer Langdon, and
Frank Moran OF the First Natl. Bank of
Langdon all testified that the reputation
of Stoddard in that community was
good.
B. Franklin and Daniel Saylor were
farmers of considerable age who lived
near Stoddard at Blue Earth, MINI.
They testified that Stoddard's reputation
in that locality as peaceful law abiding
citizen was good. They had both heard
or knew of the indictment and verdict
found against Stoddard for assault in that
county.
Mr.. Salter testified that the pictures he
took were taken the first week in Aug
ust.
STATE RESTED AT 11:3O.
Defence offered parts OF the MINI, Sta
tutes in evidence, referring to assault.
Also parts of physicians testimony at
preliminary examination.
DEFENSE RESTED AT 1l:45.