The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-19

At 2:15 this afternoon Count,
Attorney McKusick closed hi
case for the state, in the prosecu
ton of Barnard Nelson. and Henry
Funkley, counsel for Nelson, opened
for the defense.
Mr.. Fupkley stated to the iur!
that he proposed to impeach thu
testimony given by Archie Brown
the principal witness for the state
who was in the company of Morri:
Fuller when the latter was shot
He would also show that Brown
had not told all that he knew con
corning the movements of himself
and Fuller the night of the killing
of Fuller; that there were other
happenings that would prove dam.
aging to the authenticity of Browns
sworn testimony.
Mr.. Funkley also stated that he
would impeach the testimony given
by w. E. Hyatt, who was wilfully OF
mistakenly giving wrongful testi.
mony in the case.
Nelson's counsel said he would
place the defendant on the stand in
his own behalf; and that he would
show that Nelson had always borne
good character, and was a peace
able citizen who had held offices of
trust; that he would show that Mel
son had gone to Fowlds and drank
and went to the sporting house for
the express purpose of finding the
thieves who had entered his house
and stolen his gun.
From present indications it looks
as if the Nelson case would be con-
Guided some time tomorrow after.
noon and that the closing arguments
would be made and the case 60 to
the jury tomorrow evening.
There was large crowd present
in the court room this morning when
the trial was resumed of Barney
Nelson, charged with having killed
Maurice Fuller at Fowlds on the 3rd
of last January.
Nelson is still calm and collected
and the proceedings 80 far have not
apparently worried him in the least
He sits quietly in the prisoners
chair and watches every movement
of both the county attorney and his
own counsel.
Late yesterday afternoon Mel:
Oman, who lives near Fowlds, called
by the state, testified that Nelson
four years ago, bought an old Con
cord, single-barrel rifle from him
one he had brought over from Nor
way. Oman was shown some cart
ridges and stated that they were the
same shaped, but larger than the
ones Nelson used in his gun.
H. H. Wheelock, on behalf of the
state, testified that he had me-
Nelson January 2; that he had hac
conversation with the defendant con
corning an automatic gun and that
Nelson had thrown open his coat
displaying a belt with something
like an oak stick exposed from thu
belt. Cross-examined, Wheelo c
would not swear that Nelson showed
him a gun.
Albert Plat, for the state, testified
that he had seen Nelson on tn.
night of January 2; and that he
believed that Exhibits B. and C.. 9Th.
coat and cap) were the ones Nelson
wore that night, when the murder
was committed. Plat had gone tt
a dance near Puposky and wa!
returning about 3 o'clock in the
morning, when he met a man whs
avoided him as he passed. Cross
examined, Plat stated that tn,
light coat might have been mack
nav. Plat was certain that h,
had seen "Blacky" (Fuller) onl!
after the latter's death. Witness
admitted that the man be passet
on returning to Fowlds had tn
collar of his coat turned up and h.
would not swear that the man b.
last met was Barney Nelson, TIL
defendant. p.
Arthur Mullen testified that h,
had been with Platt the night o
January 2. Mullen stated that whe,
he was returning home he had seer