The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-11-11

will then proceed TO connect Lamp
here with the fire. That the accused
passed the night at the home Of Mrs.
Elizabeth Smith, "a negress, living
near by, will be told and then It viii
be contended that Lamphere arose
early, went to the Guinness house, set
1t afire, returned to the Smith house
and couple Of hours later started
of for the home of John Westbrook.
farmer living several miles away.
where he was employed.
Stayed at Smith House.
Lamphere admits that he passed the
night at Mrs. Smiths house and ad-
mits that he left there in the MORN
Ing. He also owns that from the road
which he took he saw the smoke and
flames Of the burning Guinness house,
but that he dared not go and arouse
the inmates because he feared that
he would be suspected of having set
the house on fire.
That Lamphere had made threats
against Mrs. Guinness will also be
shown, and in addition thereto there
will be put in evidence Mrs. Guinness
AFFIDAVIT, signed when she sought to
have him sent to the insane asylum,
In which she tells Of her fears,
Sass Mrs. Guinness Feared Lamphere.
Attorney M. E. Letter, who drew
her will on the day before the fire,
after she had deposited $500 in a
bank, will testify that she told him
that Lamphere was following her
around and that he had threatened to
set fire to her house and to kill her.
But how the state will reconcile
this theory in regard to Lamphere
with the testimony of DR.. Walter
Haines of Chicago, Prosecutor Smith
would not explain. II Mrs, Guinness
the smoke that was aix catx2sed ei'Gy' by tbe be
fire and thereby lost their lives, why
should fatal doses of strychnine and
arsenic be found in the stomachs of
Mrs. Guinness and two of the children?
is the question raised.
DR.. Haines made the examination
of the stomachs and he so reported
to Coroner Mack.
Prepare for Big Crowd.
Preparation for q big crowd in the
court room have been made by Sher-
III Smutzer and his assistants. Door
keepers will admit only as many per-
sons as can be seated in order that
there may be no confusion and as lit
tie annoyance as possible. The selec-
tion of the jury, following the prelim-
mary motions, will occupy the greater
share of the flrst week, and the pres
entation of the evidence will require
about two weeks, possibly longer, II
every step is fought.
Should the state fall to convict Lam
phere for the murder of Mrs. Gun
ness and the children it still holds ov-
er his head indictments for arson and
for completely with Mrs. Guinness in
the murder Of Andrew Helgelien, the
last Of the ten victims of the widow
exhumed from her private burial
ground.
Quash Feint sOverruled.
| Following the calling of the case
and the reading of the indictment; At
i torney B: w. Worden moved to quash
the same on the ground that it covers
four distinct offenses-the murder OF
four persons, but the court overruled
the same, whereupon, through his at
torney, the defendant made q plea of
not guilty.
4, BY order of the court all the wit
nesses for the state were excluded
from the court room. Attorney Wor-
den for the defense announced to the
court that he would not issue sub
poenaes for witnesses until later.
Prospective Jurors Questioned.
Henry Mill, retired farmer, was
the first juror questioned by Prose-
cutor Smith. Mr.. Mill was temporar-
lily accepted by the state, as were also
Herman Oberrich, jeweler, who was
we'll acquainted with Mrs. Guinness
Ernest Black, farmer, who, like Mr.
Mill, did not know the woman, and
Charles Setback, retired merchant
who was not acquainted with the wo-
man; William G. KEELING, a shoemak-
er, who had formed an opinion re-
garding the death of Mrs. Guinness
and who also had an opinion on the
guilt of the defendant, was dismissed
for cause.
c. ]. Miller, grocer; Louis G. Paul
piano dealer; Judson Alexander, ice
dealer; Charles Baker, workingman;
Herman Meyer, grocer; Charles p
NELSON farmer; George Walker, paint
er: Charles Herrold, farmer; Noah
Garman, farmer, and Joseph w. Bentz
were examined by the states attorney
Cand all excused except Miller, Nelson
Walker and Bentz.
HutsOn Valuable Witness.
D. M. Hutson, who is relied upon
as an important witness for the de-
fense, is said to be ready to go on
the stand and swear he saw Mrs. Gun
ness alive on July 9, more than two
months after the burning of the home.
Hutson. who is a farmer, formerly
worked for Mrs. Guinness and knew
her we'll. 4 =
Hutson tells the following story:
II was driving home on July in
broad daylight, when as passed the
Guinness farm I noticed man and
woman walking on the hill that is
plainly exposed from the road. I
was within ffty feet of them at that
time.
"As soon as the woman saw me
she said something to the man and
they both got into the buggy. 1t was
q side-bar buggy and the horse Mrs.
Guinness was driving was dapple
gray, Weighing, should think, about
j -.