The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-11

cross examination and the objection
was sustained by the court.
Weberg Said Nothing.
Q. Weberg came into the room with
the rifle in his left hand and the dead
rabbit In the other and said nothing?
A. No.
@. Spoke to no one?
A. No.
@. No exclamation OF any kind
came from his lips during the entire
time that he was in there?
A. No.
Q. Not word?
A. No.
@. His lips didn't move during the
entire time that he was in there?
A. l didn't see them.
Q. And he didn't respond to any,
thing that was said there?
A. No. sir.
Asked concerning the clothing which
the defendant wore, replied that he
had on common cloth overcoat with
fur collar, cap and his hands were
bare.
Q. Between the time that he came
through the door and the time Of the
firing of the shot how far did the de-
PENDANT move?
A. Not more than two feet.
@. When you heard the shot AMI
looked around where was the gun
held?
A. On the left side about breast
high.
Q. When you took the gun from him
how was he holding It?
A. This way Indicating that it was
held on the right side with the right
hand in horizontal position.)
Made No Resistance.
Q. Did he resist when you attempt
ed to take the gun away?
A. No.
@. Made no resistance whatever?
A. No.
On redirect examination the empty
shell and four loaded ones were ident-
flied as having been taken from the
rifle at the time of the preliminary
hearing.
Julia Haraldson was the second eye
witness called and corroborated the
testimony of Nordilie as to the location
Of the various persons in the kitchen
at the time of the homicide.
@. When the defendant came into
the room what was the first thing that
he did?
A. He showed up the rabbit.
@. How did he show it up?
ua al
ing the position by raising the hand.)
Q. Did he say anything?
A. No, sir.
@. What was the next thing that
occurred?
A. Mr.. Nordilie said that he didn't
shoot the rabbit.
Other incidents testified to by Mr..
Nordilie were gone over with the wit
ness.
Turned from Him.
@. Had Anna Engelsrud done any
thing previous to the time of the
shooting?
A. She stood up from the chair and
turned her left side to Otto.
@. Had he commenced to point the
gun before she stood up.
A. Yes, sir.
@. Immediately before the shot was
fred did she say anything?s
A. She said lotto, OTTO"
@. And then the shot was fired?
A. Yes. sir.
@. What was the next thing that
you remember?
A. don't remember very we'll any
thing after that.
The states attorney required to the
time of the shooting.
@. Did you notice whether he was
aiming the gun or not?
A. No, sir; he didn't take aim.
Identified Photos.
Gust Barsness was the first witness
sworn Saturday and was called for
the purpose of identifying two photo
graphs of the kitchen in the Smith no.
tel in which the homicide was COM
mitted.
Julia Haraldson was recalled for the
purpose of proving the location of the
articles of furniture in the kitchen as
shown in the photographs as being in
about the same position as at the time
of the cimmission of the crime.
Clothing as Evidence.
j. s. McNish, the hotel keeper at
Fairdale, in whose hotel the defendant
was kept until the time he was taken
in custody by the officers and who as
sisted in the search of his persons,
was called. The attempt was made by
the defense to introduce loaded car
fridge similar to those found in the
magazine of the gun at the time it
was taken from the defendant and
which cartridge the state claimed was
in the clothes of the defendant at the
time that he was searched. This offer
was opposed successfully by the de-
tense. The witness McNish identified
the clothing of the deceased and the
same was offered in evidence in the
case and received without objection.
Other witnesses were called to test
ify as to the location of the different
buildings in Fairdale around which
the crime centered.