Devils Lake inter-ocean and Devils Lake free press. (Devils Lake, Ramsey County, N.D.) 1905-1909, 1909-01-29

cflDWded with eager listeners to the
testimony taken in: the case 81 Hartley,
"a n shafer, who Is being tried On.
the charge OF stealing team Of gray
mares frpm the barn of James Murs
3 dock dn henson county on the night Of
the 6th of August, 1906. shafeer has
been III during the past week and HIS;
long strain on the witness stand has
ihaggared him and he has been almost:
in 81 nerY Yous state ever since taking
the stand. He has been confined in
31ail for such a length Of time that it
has begun to tell on him and as he is
called upon to answer questions his
voice Is: 20 weak that he can hardly
be heard by the jurors and is constant
cautioned to speak louder. 5s$.y Ii
Z The case is being stubbornly fought
by the attorneys for both sides and
what The verdict will be- when the
jury return from their room can not
be determined al this writing. *
great many are Of the opinion that
sshaffer IS guilty while many more re-
serve the right to think that one
4 Frank s9lsG C.S Mcdonald who Is the star,
witness for the state, is not telling
the exact truth and they also believe
that should shaner De convicted Nc
Donald Wall ask for pardon from the
spenitentiary at Bismarck where he is
serving q two and one-half year sent
:ence Tor stealing horses The story
told Sby Donald on the witness
stand sound ed altogether possible. at
the time but. nov that shaffer has
gone on athe stand and denied every
word of sSthea stImony zsof Mcdonald
it throwa new light on the case. d:
shafei in his testimony denies
every ma Aterlal relation with MoDon-
aid. On the night Of Augl,s,ist 6thl when
Mcdonald testified shaffer stole the
sMurd dock horses ana the day following
yl1ee ssp ponald alleges shaTer had
been gone aif day trying to dispose OF
The horses. sshaffer testides that he
was blowing all day and that McDons
AID was gone at the time. shaner also
stestifles that during the day Of the
eth while plowing several OF his neigh.
bors saw him and that lie talked with
some OF them. Accord ding to shaffer's
testimony McD Donald left his home on
the night Of the 9Th and did not re-
turn until the morning of the 9Th. On
the day Mcdonald testified that Shat
fer drove him within q short distance
.of Fessenden to take the train for
Canada III response to a telegram an
Eno,ineing the Illness OF his family,
sshafers testified that he took McDon-
aid 10 town. put up his horses and did
some Sshopping and returned TO his
home In the aft ternoon shaffer denies
ever being at the home of Robert
Lyness, the man that sWore that he
had purchased the horses from him.
He also denied being at the home of
William Casey. a short distance from
Fessende len and asking to make astrade
of the heavy team he was driving Tor
d team of lighter horses Both Mr.
I,yness and Mrs Casey were on the
stand and tilted Shutter as the
Eone that had been att their place $on
the morning of the 7th soff of August and
wanted sto dispose o,ff q team sof gray
horses.
MI. Turner, cashie 81 the bank at
Fessenden, was called upon the stand
Tuesday rurner Is h the man that
drew ups the bin sof sale for shaRer
when he ii alleged IA have sold the
team to Robert yness for s1755 gs'ar-
ner said that he could not recognize
sshaffer as the an that had the
transaction summated as this iss
practically a. every day occurTence
with him and ia had not paid partl.
1calar MOTTO sto the mar ne would not
testify that s;haffer was the man that
made tine deaI: on " AT day and ne was
discharge ged as d urther Witness II the
case
The case ofs Shaf affer is d particularly
sad one Wher one looks nto the life
:off man IN hen Young man hia
father who was 4 slcian at 'tvors
Iseesten Ohio lied. she young shaffer
fell i,l with had con i and was as
rested On the charg sofs larceny aud
burg lary ana SEN to the Ohio pents
tiarsy at tsolumh bus, sfere he served
number of years but Was pardoned
Ih lam Mel sinley. then governor
EEofs the stat being released
from the inst titntion lhie came west ana
took up 4 home tead III Benson county
where hia preaans slae now is Here