The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1907-09-12
MCGahan Bound Over to Keep Peace
ter ianitor of the land Office.
McGahan asked Fox If JUDGE

ter ianitor of the land office.
McGahan asked Fox if Judge
Davis informed him how he was
going to testify in this case and
Fox remarked that the Judge
stated that he would have to tell
the truth and Fox remarked that
this was all he expected.
McGahan asked why Fox
didn't have him arrested on the
street, and Fox replied that he
didn't want a scene. ''But, Nc
Gahan went on, "You went to
the newspaper Offices and gave
the story and created a scene,
didn't you"
J. H. Davis, the detailed clerk,
was next placed on the stand.
His story was substantially as
follows: That Fox had come to
him and said that McGahan had
been abusing him on the street.
That he expected McGahan
would soon be in there and he
wanted him to note his condition,
While they were talking about
this matter, McGahan came in
and sat down. Fox asked Nc
Gahan to leave, whereupon Nc
Gahan called Fox some names; a
crook and other vile names. Da-
Wis didn't know which man
struck the first blow but he be-
lieved that both went at each
other about the same time. He
saw Fox strike McGahan and saw
McGahan strike and kick at Fox,
but didn't see McGahan land any
blows. He admitted that Nc
Gahan might have landed, but
he was busy trying to keep the
men apart and couldn't see all
that was going on. He didn't
hear McGahan threaten to kill
Fox and didn't see McGahan
reach for his gun. Davis said
Nc Gahan appeared to have been
-.
drinking to some extent.
Glen Thompson's story told of
the scrap between the two men.
He heard loud talking and saw
the men mix. but didn't hear
McGahan threaten todo Fox bod
lily harm.
Chas. Smith, the mayor of
Kenmare, testified that he was
in McGahsn's Office a couple of
hours Wednesday forenoon, but
he didn't notice that McGahan
was drunk.
w. E. Barber, a Stanley bank
er, said he saw McGahan at three
O'Clock that afternoon, or about
half an hour before the scrap
took place and he didn't notice
that he was intoxicated.
James Dwyer, special agent of
the government, said he saw Nc
Gahan at 3 o'clock and didn't see
that he was drunk.
DR.. Powell, pastor Of the M.
E. church in Minot saw McGahan
on the street that afternoon and
shook hands with him, and pass
ed hurriedly on. He said he
could not tell that McGahan had
even been drinking. McGahan
was then placed on the stand.
He said that he was not drunk
that day but had taken two
drinks before the scrap, one in
the forenoon and one in the after
noon. He admitted that he call
ed Fox the names in the land Of
fee but said that he did not
threaten to shoot him and in fact
he stated that he didn't have a
gun in his pocket. He said that
his hand might have gone back
towards his pocket, but he was
excited and his hands went in
several directions.
Mrs. Sibbald, one of the clerks
OF the land office. said that she
saw McGahan a half hour after
the trouble and said tnat he had
been drinking some, she thought.
Tom Murphy who was VIII,
McGahan in the drug store, said
that it was very apparent that
had been drinking, and
said McGahan had done a good
deal Of swearing.
Miss Kate Wilkinson, a clerk
Of the land Office, said that she
noticed that McGahan had been
drinking.
w. George, deputy sheriff Of
Ward county, who arrested Nc
Gehan that day, said that he no
ticed that McGahan had been
doing some drinking.
r. f. Evans has been in from
the country several days taking