Oakes Republican. (Oakes, N.D.) 1898-1906, 1905-09-14
BARKER IS HELD
FOR ZOOk MURDER
Charged With Murder in First
Degree.
Preliminary Hearing Concluded At Aberdeen
Friday Witnesses Of Tradsey Held
Under Bonds.

VIM. w. Barker was bound over to
district court by Justice Finch at Aber-
deem for the murder of Leon Zook, an
account of which was published in last
weeks issue.
E. T. Taubman, his attorney, made
motion to dismiss the case against him
on the ground that there was not suffi-
cient evidence to connect his client with
the murder. The motion was denied
and the man will be tried for crime,
the penalty of which may be death on
the gallows.
The Aberdeen News gives the follow
ing account of the testimony submitted:
Wiley Williams was called as the first
witness for the state. He said that he
was 21 years old, that he was born and
raised at Harrisonville, Mo; that he left
his home early in June last for Kansas,
later, coming to South Dakota, arriving
in the state about the middle Of August.
He said that he knew Leon Zook, the
murdered man; that he had met him at
Groton last Sunday night, and that
early MOHudy AOIHuS eHcy Ac1I 1OI
James, taking a freight train at that
place for Aberdeen. They got off the
train at the Jewett crossing, went to
north train late Monday afternoon.
first cattle car. At town where the
train stopped for water they climbed
back into the next boxcar where they
found six other men riding. They re-
mained together until after they left
Hecla, between $50 and 9 O'Clock, when
the two robbers entered. Williams says
that he jumped out the door the first
one and was followed by several others.
He went to the dry goods store at
Hecla, then to the hotel and then took
the train for Oakes, where he saw Zook
the next morning. He also saw his
friend again after he was dead.
Mr.. Taubman then asked a number of
questions in which he corroborated his
former statements. Mr.. Taubman then
brought out the fact that some of the
men had bottle of beer,
G.. w. Rogers was the next witness.
He said that he was IS years of age and
had been an engineer on the Union
Pacific but had to stop work because of
bad eyesight caused by scalding. He
said that he worked at Armour until
September 1st, when he started fol-
LaMoure, where he had engaged to
work. He was going there at the time
the murder occurred. He said that the
defendant got on the car at Ordway
but left at Columbia. He did not re.
turn until they were leaving Hecla.
He absolutely identified Barker as the
man who fired the shot. He says that
one of the men lit a match by the glare
of which they could distinguish the feat
ures of the murderer.
w. G. Bruno, known as Clutch, -
said that he had come to this country
from Holland thirteen years ago and
has worked as a laborer ever since.
He is 49 years of age. He said in his
testimony that he saw Barker on the
train south of Aberdeen and knew that
Barker was sizing him up all the time.
At Aberdeen Barker approached him and
remarked that he (Bruno) had good
pair of shoes. Bruno said that he felt
afraid of him all the time. He said
that as the train was leaving Hecla he
was standing in one door of the box cal
and saw the two men swing in the door
opposite him. It was so dark that he
could not see the men well. so he lit a
match, as ruse, as though to light his
pipe. In the glare he saw that one OF
the men was the same person of whom
he had been afraid. He then described
how he had hid his money. He said
that he remained in the car after the
shooting. The tall man was the one
who. did the shooting.
p. G. Weidemon was then called ia
the stand. He said that his home was
in Pennsylvania. He said he thought
that Barker meant to kill him, but mis-.
sed the shot; for as he was making fol
the box car door the gun was discharged
within a very short distance of his
head, stunning him for moment. He
could not see the men we'll but saw that
one of them had peculiar shoulders, the
right one being considerably higher
than the left. This tallies with the
mans description exactly.
Reeves H. Ashby was called by
States Attorney Campbell as the mex
witness. He said that he was 40 years
0fage; that he was born in Cole.
county, Illinois; that he was born ant
raised on farm until he was II year,
old. Since then he has had no regular
occupation, but has always worked a
odd jobs. He had been in Dakota sew
Dakota in 1892 and working near Oakes
At that time he was given the nick
name Of .'Frenchie" which was revive,
when he was there held as witness il
the case. He had been in South Da
kota several times since then; that thi
summer he had been working in Potte
county and that he left about the fra
of4ths month to 60 north Of Jamsstowl