The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-19
STATE CLOSED in NELSON
CASE THIS AFTERNOON
Closing Testimony Of State Though Originally Strong, Is
Much Weakened in Cross.Examinaton.- Will
Likely Be Concluded Tomorrow Evening.

a man running down hill about a
quarter of mile from them. Wit
ness was unable to state whether
the man was dressed like Barney or
not.
Ted Payment of Fowlds stated
that he been with Plat and Mullen
the night of the tragedy. He identi-
fed a coat shown by Mr.. McKusick
and stated that the man he met on
his return was dressed almost the
same as Barney was dressed earlier
in the evening. On cross-examina-
ton Mr.. Funkley shook Payments
evidence considerably and forced
the witness to state that the coat
exhibited by the state was one that
resembled that worn by Nelson.
Rex Werner, constable at
Fowlds, was called by the state.
Werner stated that he had been
with Nelson the night of the
tragedy, when Nelson visited the
sporting house, and told of the
conversation which he had with
Nelson when the defendant had
stated about what he had in his
pockets. Werner stated that it
was more than an hour after he
departed with Nelson, the night
of the tragedy, that he was
awakened and told about the kill
ing of Fuller. Cross-examined by
Mr.. Funkley Werner admitted
that he had had some trouble with
Nelson, but it was not of serious
nature; if he had thought it was at
all important it would have been
his duty, to search Nelson for arms.
John Phillips stated that he had
been in Hyatt's saloon on the night
of the tragedy, and he swore that
Nelson, whom he had seen in Hyatt's
saloon, had worn a light coat that
night. Cross-examined by Funkley,
the witness admitted that he was in
the employ of Mr.. Hyatt in his
saloon at Fow1ds.
Peter A. mira stated that he
had hauled lumber between Fowlds
and Puposky and had found some
cartridges on Mud lake, about
three-quarters of mile from Nelson
house and about twelve feet outside
the road; he had given the cartridges
to Matt Heffner. ~. !
Court adjourned until 9 o'clock
this morning. 49, r
This morning Mr.. Funkley had
w. E. Hyatt recalled and tried to
make it appear from cross-examina-
ton of the witness that he (Hyatt)
had told different stories of some
of the events connected with the
Fuller tragedy than what he had
testified to on the stand.
Asked as to whether he had stated
while at Puposky that the gun which
Nelson was carrying the night of the
tragedy was not the old pistol he
knew so well, but was a new one,
with rubber butt and silver trim
mings, HYATT said no; and gave the
same negative answer to a question
if he had not made the same state
ment when coming to Bemidji on
the train to attend the preliminary
hearing of Nelson. y
! Ted Payment was recalled aud
stated again that he had been in
company with Plat and Mullen
returning from a dance at Puposky
when they met a man running
whom he thought at that time and
thought now was Barney Nelson.
The positive statement as to
Nelson was only allowed to be
placed in the evidence after objec-
ton by Mr.. Funkley had been
over ruled.
Closely cross-examined by Mr..
Funkley, Payment could not say
that Nelson wore coat with
round corners, the night of the
tragedy, when Payment alleged
he saw the defendant running
down the hill. And further, stated
that some of the answers given
now were not as true as these
given at the preliminary hearing.
Payment was somewhat stmixed''
by the counsel for Nelson.
/ Platt who was with Payment the
continued on Last Pagel