The Fargo forum and daily republican., 1909-05-26
RECITE STORY OF
MURDER IN COURT
EYE-WfTNEssEs TELL or KILL
ING or RESTAURANT MAN BY
EDWARD SIMPSON - DEFEND
ANT LAUGHS AND JOKES WITH
sHERIFF-sTATE SCORED.

Clarke, colored. has been started in
the district court and eye witnesses to
the tragedy are unfolding their l.nowl-
edge before the jury which has been
selected to pass judgment on Edward
w. Simpson, colored.
That the defendant little realizes
that his life depends on the outcome
of this trial, Is indicated by his atti-
tude. In leaving the courtroom at ~
o'clock today, he appeared in a most
jovial mood, laughing and joking with
Deputy Sheriff James X. Bingham
who accompanied him back to a cell
in the Cass county jail, where he re-
mained during the noon recess. Those
who have made a study of the man
watching his every move, are unable
to solve his attitude.
| State Scored This Morning.
The case opened this morning at
$3.50 o'clock, with DR.. p. II. Burton on
the stand for the state. He testified
as to the cause of Clarke's death, hav-
ing examined the body in the morgue.
He was followed by DR.. A, w. Skelsey
county coroner, who conducted the in
quest and determined that Clarke
came to his death from bullet wounds.
VIM. Andrew, who the state placed
on the otand yesterday afternoon, but
who gave way this morning in order
that the doctors might testify and
leave, was then placed on the stanC
for cross examination. The witness
became somewhat excited at times
from the questions propounded by the
attorney for the defense. He repeated
the story which he gave at the coro-
ner's inquest and the preliminary
hearing.
Richard Burns, colored, was next
called. He told how Clarke and Simp
son had experienced trouble early in
, the evening of the tragedy, the latter
being accused Of "peeching" on pals
Burns was in the Eureka restaurant
when Simpson entered a second time,
about o'clock, and fired the shot that
cost the life of Clarke The defense
was able to establish nothing in the
cross examination, the man hanging to
his original story. Burns was under
cross examination when court ad-
journed at noon.
Vim. Butler, John Smith, Estella
=, Miller, colored, Casius Marcus and
II Of1cers Mclean and Pickering are yet
to be examined. From present pro-
gress the testimony of the state will
not be finished before tomorrow aft
IT ernoon.
It Yesterday Afternoon.
IS 1t was S:45 yesterday afternoon when
h the last seat in the jury box was filled
1t after the examination of thirty jury
men as well as thirty two of thirty
1T Ave talesmen which were brought into
l. court by the sheriff. total of fifty mer
ID were weeded out before twelve were &C,
T. cepted to try the case in which thu
he life OF the colord defendant is at stake
OF this number a total of seventeen
In were disposed of by peremptory chal
le lenge by the defense, thirteen were op
posed to capital punishment and wer,
thus disqualified to sit in first degree
murder trial in North Dakota.
~ The Simpson Jury.
y, ~ 1-Gustave F. Trolling, real estat
dealer Fargo.
2--E. w. Arnold, merchant. Leonard
3-M r. Clancy, merchant, rgusville
IT. A. S. Duntley, merchant, Grandir
T. 5--A. A. Love, teachers agent, Far
go.
ct. F. Clapp, merchant, Grandin.
7-E. A. Thompson, merchant, Page
~ 8-Benj. H. Harold, merchant
Wheatland.
81. w. McHose, manufactures, Far
go. a@
We 10-W. J.. Hawk, retired farmer, Far
re go.
of Ii. T. Shotwell, florist, Fargo.
en- 12.-H. F. Emery, merchant. Fargo.
he F. l.. Gardner was disposed of by
r. peremptory challenge from the defens
ill as was E. M. Bradford who was slight
nv prejudiced against colored people hay
,ut ing had trouble with one.
ell John dollhouse was excused fl
W cause, as was S. M. Gowland, who hs
mt served as police officer.
ly. Arthur deLendrecie stated that
& was opposed to capital punishmei
we and was excused as was M. A. Smit
pm for the same reason.
in Herman Leusch was excused fl
cause while James Van Kleeck he
conscientious scruples against inflic
~ ing the death penalty.
e. s. Turner was excused on accoul
al of physical disability.
Fl. f. Emery was accepted and swor
as was A. T. Shotwell
le- w. d. Hodgson, e. T. Embretson al
w. o. "a. Olson, the remainder of the sp
cial list were excused.
Technical Points Raised.
,,or Vim. Andrew, engaged in the scr;
eiie iron business on Front street, aero
from the Eureka restaurant was Z
~~~ first witness called by the state. B
a single question had been put VIII
q Atty. r. III. McEnroe for the defen
~ caused a slight amount of commoti
s. by objection to the taking of any ey
dence on the ground that the COZ
was without jurisdiction In the cas-
that the returns of Martin Ryan. p
lice magistrate, were not according
law; that the defendant had never be
given a preliminary hearing on t
charge as flled by the states attorn
in the district court, and had not wal
ed the same; that no lawful jury h
been drawn for the trial of the case
The points raised were purely tee
nical and will never be used exec
"a the case is carried to the suprei
court No arguments were made,
being the object of the defense
make the objection a part Of the re
ord only.
An Eye Witness.
After the formality Of raising the {
81 lection. Andrew told the story of
crime, relating again the facts as gi
en- at the coroner's inquest as well
# the preliminary hearing of the defen
M RI ~