The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-06-18

~ and all eyes were turned on
yIIcy/ 1.-The whole time court was
in ses. Sensations began very
early In the trial and for a time it
looked as though some person might
pay fine or 60 to Jail for contempt
of court, but the magistrate brought
things to order without that re-
course.
G. P. Fullerton appeared for the
prisoner while A. j. Andrews acted on
behalf Of Louis James. W. H. Hast
ings watched the case for the depart:
ment. There was little or nothing Of
importance ELECTED from James dur
ing the examination, but he will bc
further questioned on Saturday morn
ing at 10 o'clock. Mr.. Whitla is ques-
tioning him most closely as to his
every action during the day prior to
and the day of the murder. James
takes 1t very coolly and has answered
all except one question. which he re-
fused to answer despite the order Of
the court. There was somewhat of a
surprise in court when Mr.. Whitla
asked his first question when the wit
ness was sworn.
A Standing Objection.
I What is your full name, Mr..
James?" was the question.
The witness raised small piece Of
paper in his hand and read: II object
to answering any question on the
ground that it may incriminate me-"
Mr.. Andrews explained that he had
advised the witness to make this OBJ
lection. He was willing il the crown
counsel and the court agreed that the
objection should stand for every ques-
ton asked. Otherwise he had told
his client to make this objection to
every question asked.
Mr. Whitla appeared somewhat vex-
ed, as he declared it most peculiar
that such objection should be taken.
The witness should wait to see il the
questions would tend to incriminate
him before he made any such objec-
tion.
Mr. Andrews said the whole thing
to him seemed like piece of opera
boune or farce. He wished it under
stood that the witness had a right to
make this objection to every question.
Mr.. Fullerton saw no objection to
the allowing the witness statement to
stand as relating to every question
asked him.
Mr.. Whitla said that Mr.. Andrews
had no standing in the court and that
he had no right to make such reflec-
tons on the court as he had done.
At this juncture the prisoner en-
ltvened the proceedings by breaking
Into. taars. and sobbing so loudly az
to interrupt the quarrel between
counsel. He was soon pacfned.
Mr. Whitla repudiated the fnsinua-
tion of Mr.. Andrews that the trial was
not what 1t seemed to be.
Mr. Andrews pointed out that James
himself, had once been arrested on
the same charge for which the prison
er was now being tried.
His worship did not see the need
of making the objection before each
question that was asked, but Mr.. An
drews showed him that the witness
had perfect right to do so If he de-
sired.
Then the examination of the wit
ness began and before he answered a
single question put by Mr.. Whitla, he
repeated the words, II object to ans
Wering any question on the grounds
that 1t may tend to incriminate me. I"
This grew monotonous and aroused
some merriment in the court. After
making this statement each time
James still kept silence despite Mr..
Whitla calling upon him to answer.
1t was not until his worship gave the
order each time that the witness made
any reply to the question asked him.
Mr.. Whitla finally asked the witness
if he thought his answer would tend
to incriminate him. This the witness
refused to answer even after the mag
istrate had ordered him to do so. He
kept repeating his legal objection and
made no further comment.
Mr.. Andrews interrupted at this
juncture and Mr.. Whitla said II he
kept it up much longer he should ask
to have him removed from the court.
That is the next step should expect
in q case of this kind" said Mr.. An
drews with some heat. Don't answer
that question:" he said to James.
Let them put you in Jail If they like. {"
Answer the question" said the
magistrate.
The witness repeated his objection
and Mr.. Whitla said it was contempt
of court and declared that they could
wait all afternoon If necessary to get
an answer to their question, but he
finally gave it up.
The legal question which the wit
ness sprung before answering any
question bore so heavily upon the pro-
ceedings that Mr.. Whitla finally
agreed that 1t should stand for the
entire examination, cross-examina-
tion and all questions asked OF the
witness. The evidence was secured
much faster after that.
Things were running smoothly
when Mr.. Fullerton objected to the
irrelevant questions which Mr.. Whitla
was asking. He declared they had no
bearing upon the guilt or innocense
Of the prisoner at the bar and he did
not think they should be allowed. His
worship was there to give a ruling
and he should give 1t.
His worship informed Mr.. Fullerton
rather severely that he would give
Judgment when 1t was necessary and
that when he did so it would be Just
as good as Mr.. Fullerton's judgment