The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-09-13
STATE RESTS IN
KETHMAN CASE
COUNTY ATTORNEY ANNOUNCES
TO-DAY THAT he FINISHED HIS
CASE ON sATuRDAY--ADJoURN-
MENT TAKEN TO AWAIT MISS
WRlGHT's ARRIVAL.

The preliminary hearing OF Frank
Kethman, charged with the murder OF
Of Or. TIL s. Egge. was further ad-
journed this morning by Court Com
missioner Witherow until next Friday
afternoon at 4 o'clock, and the defend
ant ordered returned TO the county
jail.
The hearing today was called to
order promptly on time by Commits
sioner Witherow. AS on previous oc-
casions the defendant was brought
down from the jail In closed carriage
by Sheriff Whaley and jailor, and In
irons.
After a conference between the court,
| County Attorney johnson and Attorney
McEnroe, the latter for the defendant,
the court announced that the sheriff
had not been able to secure the at
tendance of Miss Lillian Wright as she
was temporarily out Of the state and
further her health precluded her at
tendance at this time also that she
is more or less prostrated and nervous
over the matter before the court.
Mr.. McEnroe gave formal notice
that he wished TO make a further cross
examination Of the state witnesses
Hollie walters and Frank Knerston
on matters perfectly material to the
case. The county attorney desired to
know the nature OF the cross exam
ination but Mr.. McEnroe declined to
divulge on that point and that pre-
cipitated brief discussion between
the court and attorneys on the rules
of evidence. The court intimated that
a little more latitude was allowable
at preliminary hearing and he was
determined to rigidly protect the in
terests Of the defendant. Mr.. McEnroe
stated that 1t was his intention to 81
outside the material evidence Of the
} case and the questions he should asl
were in the nature of explaining some
Of the details.
The State Rests.
County Attorney Johnson STATED
this morning that whether 1t wa
understood or not he had rested hi
case before the commissioner Sat
urday afternoon after the examina
: ton of the witnesses, Eric Swensoi
t and Mic. Remley. Swenson idenrife
9 the wagon clevice which is alleged t
g be the weapon with which the muir
9 der was committed and he deschibe
r how his attention was attracted t
: the cIevice by It's being red when h
I was hitching up his team last Tues
g day morning, following the murde,
t He also testified to other detail
9 about the clevice and how his EN-
Iployer, Alderman Lamb, and Office
g Erickson were looking for some articl
\ about the Lamb yard and his tellin
u them what he had found about th
: wagon. -4 ~
. Mic Remley told his version Of whf
: he saw in the Hollie Walters saloo
9. and how wen he remembered ths
: kind OF a badge which the defendar
q wore while he was in the place.
: Mr.. McEnroe Retlres.
Attorney McEnr We announced to tt
= court on Saturday Of his intention
= withdraw from the case, but the coui
would not permit IT, at this time, 6
!. Is would leave the defendant withol
= an attorney and may be prejudicial
y him.
i To The Forum today. Attorney Mo
% Enroe said:
Il snail certainly be out of the cal
80 after the close of the preliminal
lv1l u6aIlnBs w WcAAlk W GAABtlc1SA@C VI
- fact there was no feeling whatev,
between Mr.. Nye and myself. He r,
tired for his own personal reason
Certainly we were not agreed on Il
line OF defense, but that is no row.
le have anything to do with the ca
~ after the hearing 1t will be on Il
le basis of a new proposition entirel
e. and which viii come up in the reg
lar professional way, IL at ALL"
- Interest Abatlng.
Compared with other days &
r. crowd in the court room at the CT
a hall this morning was very small, al
there were not more than ten perso
r. assembled outside to note the arriv
O fthe prisoner from the jail, In t
nx audience of less than fifty tods
there were ten women, and after t.
~. of them had taken look at the pr
nd oner they departed. By the side
.st Kethman today was his devoted w
and she was accompanied by her ell
tn est son, an attractive lad of 16 yea
Iss The father held a close conversati
he with his boy for two or three mi
utes.