The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-09-10

! pair or blue oveFaIls.
AT o'clock last evening. on motion
Of Atty. c, A. Nye, representing the
defendant. the preliminary hearing OF
Frank Kethman. who is charged with
the murder OF DR.. T. s. Egge, last
Monday night. was continued by
Court Commissioners witherow. until
O'clock Saturday morning Six wit
nesses were called to the witness chair
at the hearing yesterday afternoon,
and It has been intimated that there
are several more to be called bv the
state. None will be called By the de-
Tense at the hearing.
Arrival Of Kethman.
The preliminary hearing of Keith
man, began yesterday afternoon
shortly after o'clock. N. 1. Johnson.
county attorney for clay county ap-
peared for the state. c. A. Nye of
Moorhead. and T. H. McEnroe of
Fargo represented the defendant.
The prisoner was brought from the
county jail in a closed carriage by
Chief Malvey and Sheriff Whaley and
was securely handcuffed. He appear
ed to be the most unconcerned man
in the room. not one of the incidents
as they were brought out, by the
county attorney, seemed to have the
least effect on him. At times, how
ever. when testimony was given which
had a direct bearing on the defendant,
he would rivet his eyes on the witness
and wnen the statements and de-
sciptions had been finished he would
take a glass Of Ice water from a
pitcher which he had asked for.
A few minutes after the hearing had
started the wife OF the defendant en-
tered the crowded room and as soon
as she was recognized By Sheriff
Wnaley, he secured a seat for her
within the railing in full sight OF her
husband VINO heaved a deep sigh
when he first saw her The scene
was strange to her and she listened
closely to every word and she watch
ed every move and turned an occa-
sional sympathetic glance at her hus-
band.
The Warrant Read.
Shortly after the prisoner had been
given seat I'm the court room the
warrant Of arrest was read to him by
Sherfff Whaley-that was making the
formal arrest OF the man. The read
ing OF the complaint was waived by
the attorneys for the defense and az
ter one or two more formalities which
formed the Introduction to the official
Gt noYs
ceeded.
The first witness called by the state
was Dr. Humphrey and he was follow
ed by DR.. Hagen. They made the post
r1crtem examination and also the mi
crcscopical examination Of the blood
on the coat alleged to have been wora
by the defendant. The testimony Of
the doctors was expert i'm its nature
and descriptive of the wounds on the
face and aea.i II the deceased. and
varied very little from That given at
the coroner's in tuest, on some maj !
ters they were more minute as to de-
scriptions.
Hollie Walters, proprietor OF the sa-
loon in which the defendant and the
deceased met on the night of the muir
der, was next called. His testimony.
excepting In a few minor points. diff
fered but slightly from that given at
the inquest. Witness said that the
defendant entered the saloon at 9
o'clock, half an hour after the doctor
had entered. A minute or two after
entering Kethman called ali present
In the room to take drink on him and
shouted out mot excepting DR. Egge. .
Later the doctor and defendant be-
came engaged in personal remarks 10
each other. the doctor resenting some
Of them sharply. After one remark
Kethman said to the doctor, you've
been spearing a lot Of free drinks this
evening" At this Dr. Egge pushed
Kethman away and the latter slipped
on the door.
In cross examination by Mr.. Nye.
the witness, Walters. gavo fuller de-
scriptions of Some OF the 10 currences
in the saloon, positions Of the Two men
at times, which IN alI showed chat DR..
Egge was not approaching tile COM
pany of the defendant
Certain RE Passed KeEhman.
A. J. Wright practically repeated the
testimony given at the Inquest except
that he was more closely cross-exana-
med on points Of time and location bv
Mr.. Nye. When the latter asked the
witness for little closer description
or the man he met on his way home.
the county attorney asked the defend
ant to stand up. $50 that he could be
better seen by the witness but the
attorneys told Kethman to keep his
seat. which he did and the incident
closed. IN reply to Mr.. Nye the wit
ness stated with emphasis that he
would not swear that Kethman was
the man he passed on his way horne.
but in reply 10 the county attorney
the witness said he was convinced now
that 1t was Frank Kethrnan who he
passed.
w M Negheim, the druggist. reit-
Grated the particulars he detailed at
the coroner's- inquest. principally his
recognition of the defendant III and
about the Walters saloon sh1rtlv be-
fore II p. m. on the night OF tho saur-
der Of the doctor "A white Int and
an official badge Of the Carpa. ters'
union were shown to the witness and
he said that they were similar TO the
haE and badge worn by the defendant
wien ne saw him in the sal ION ~
Just noticed them casually" said the
wifne6s