Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-10

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original notes Of the confession with
him, the newspaper copy was ruled
out by the court. B M
George r. Gilbert testified that he.
was the justice Of the peace who had
committed Lach to jail, and as acting
coroner had attended the postmortem
on Muller's body and offered in eyi-
sdence the bullet taken from Muller's
body. s35 \.
w. G. Thompson testified to the
finding Of Muller in the road under
the bluff just south Of the city in an
exhausted condition owing to a gun
shot wound In the back which he said
had been inflicted by an acquaintance
with whom he had taken walk on
the bottoms. That Muller had said
"the other fellow" meaning Zach, had
insisted on taking the walk, though
he, Muller, had feared they would
miss the train upon which they had
intended to leave the city. 3 q
DR.. N. o. Ramstad testified that up-
on being called to examine Muller,
the latter had said he had been shot
and had tainted as result Of the
wound. That Muller was very weak
when he first saw him at the hospital
as a consequence OF his wound. The
doctor described the nature Of the
wound and it's location, saying such a
wound was nearly always fatal. Wit.
ness testified to having participated
in the operation, when it was found
abdominal cavity was filled with blood.
Wound was dressed and everything
possible was. done to save his life,
but he died "a days later, the cause
being primarily from loss Of blood
caused by the bullet wound he had
received. u.
The defense's interrogatories were
aimed to get an admission
from witness that Muller's death
might have been caused by other
things than the bullet wound, but
were unavailing. n. u.
On redirect examination witness
said Muller could not have recovered,
and would in any event have died in
month or two, the case in witnesses
opinion being hopeless from the first.
Question by the court: Doctor,
in your judgment what would have
been the result had not Muller re-
ceived medical aid when he did?''
Defense objected to this question,
on the ground that the evidence
showed that Muller lived "a days and
finally died of heart failure @
Witness answered, HE would have
died. Il 55l .ss 81.
Defense tried to secure, and sue
ceeded partially, in getting admissions
from witness that he had made mis-
takes in diagnosis and Judgment Of a.
patients condition and that there had
been cases where men had recovered
when he had expected them to die and
vice versa.
Attorney Miller, for defense, kept
up running fire of hypothetical
questions at the witness in an effort to
show that Muller might have lived
had he not disobeyed the doc
tors orders and taken exercise by
walking, ETC., but made little head
way beyond the admission that the
witness could not positively state as
to that {. ssssaa
On redirect examination the wit,
ness positively stated 1t was his be-.
lief that the cause of Muller,s death
was the gunshot wound.
DR.. e. R. Campbell testified he had
participated in the postmortem ex-
animation on Muller's body and that
death was caused by aenemia and ex-s
haustion produced presumably and
quite probably by a gunshot wound,
the bullet being found in body. He
considered the wound a mortal one.
The state then rested. \. &
Attorney Miner then addressed the.
jury saying he expected to prove by
the defendant and other witnesses
that defendant is not guilty Of muir
dor { III. 5, f35g