The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1907-09-12

Davis, a detailed official from
Washington into the office and
informed him that McGahau was
drunk, and that he had attempt
ed to do him bodily harm. Fox
says he knew Davis and Me-
Gahan we're good friends, having
been hunting together, and he
wished Davis to use his influence
in getting McGahan to leave
without any trouble.
McGahan in about five min
utes came into the office and sat
down. Fox was sitting in his
chair talking with Davis about
some contest matters in order to
divert McGahan's mind from the
trouble. He says McGahan
started in to abuse him, calling
him a number of vile names ;oud
enough for the clerks to hear
them and about the same time
both men arose from their chairs
and came together. Davis step
ped between them and was kept
pretty busy for a time. Here is
where the stories OF the two men
men differ somewhat. 4'oA
states that McGahan struck him
first on the shoulder, whe1eupon
he slapped him on the Jaw with
his open left hand, knocking Nc
Gahan to the floor, and then
cboked him until Daxis--parted
the men. Fox says that Nc
Gahan was picked up by Davis
and again went after him, tear
ing his watch chain to pieces,
and kicked and bit at him.
Fox declares that he called
two of the clerks, Glenn Thomp-
son and John Gammons to
watch McGahan while he went
for the chief of police and as he
left the land office McGahan cried
out that he would yet get eyen
with Fox or would kill him, or
word. to thar effect. Fox de-
clares that during their fracus
10 his office, McGahan placed his
hand back on bis hip as if to
pull q gun, and at the same time
threatened to shoot.
Fox says that McGahan struck
him a viscious kick in the lower
portion of the stomach hurting
him, but says the blow on the
shoulder did not hurt. Fox de-
clares that he is not afraid OF
McGahan physically, but is
afraid that McGahan might try
to shoot him "as any coward
will do
''Pd as soon have a snake bite
me as McGahan," Fox declared.
McGahan then took the witness
in charge and conducted his own
cross examination. He asked
Fox if he had called McGahan
any names on the street and
Fox declared that he might have
called McGahan a cur. McGahan
asked Fox if he had called Nc
Gahan any vile names and Fox
said that he did not remember
that he had.
McGahan then asked Fox if it
wasn't a fact that they had
some trouble that morning, that
Fox had informed McGahan
that he was endeavoring to get
the appointment of special land
agent and asked McGahan if he
wouldn't set proofs before him,
and that McGahan stated that
he would not. And that after
McGahan informed him that
he would not Fox had
stated that if such a thing could
be worked, he could secure a
rakeoff from the lawyers and
make from fifty to a hundred
dollars a day. Fox denied these
insinuations most emphatically
and at this juncture created a
dramatic scene by rising from
his chair and appealing to the
court for protection. The court |
inft trmed Nc Gahan that the ques-
tion had nothing to do with the
case whatever, and later on the
states attorney moved that that
portion of the evidence be strick-
en- from the records.
Fox stated that when MEGA.
han stated to him that he was
boss, he replied he d make a bet