The Dickinson press., 1909-01-30
MERRY GIRL FREE
Continued from page ~

81. ~ a 4. - - go -..
An adjournment was then taken until
80 p: m. At the afternoon session
Mrs. Nelson and Mrs. Boldt were called
to show that Newsstand did not come
in until after the boy had teld that it
was Irene Merry whom he saw. They
also testified as t. distances.
The defense recalled both young Mel
son, and Newsstand to show more clearly
where the girl stood.
The state then rested its case.
The first witness for the defense was
the defendant, Miss Merry. She was
somewhat nervous and seemed unable
to control her feelings. She gave testi-
mony to prove an alibi and stated that
she was at home all of the time from
S 80 until 8 80 and never left the house
until the latter hour when she carried
a pattern to Mrs. Nelson which she
asked for owe the telephone. Miss
Merry was questioned by the states
attorney at to whether she ever purchased
any cartridges. She denied that she ever
did but finally admitted that she was
with her mother that, day, when she
bought some blank cartridges. of the
Dickinson Hardware company for the
use of n of the Merry boys.
In cross examination, attorney Mcbride
~endeavored to get the girl to make con-
hlctine statements as to her whereabouts
during the hours named.
Mrs. C. F. Merry, the mother of the
girl, was then called to corroborate the
evidence of her daughter that the Girl
did not leave the house between S 80
and 8 80 on Wednesday evening. &
Charles Sproat testified to seeing the
Merry girl at her home in her stocking
feet at about s: 80 p. m, when he came
in from the barn. He remained there
five or ten minutes and when he went
out. he heard, three shots fired which
sounded from over on Sims street. He
stated that it was impossible in his
opinion for Miss Merry to leave the
house and fire the shots between the time
he last saw her and when he heard the
reports. Mr.. Sproat also testified that
during the noon ces he had been 0vef
to the Nelson house and did not con-
slider it possible for q person to stand
where the Nelson boy says he saw her
and be e by.a person standing where
Newsstand testified that he was, at the
same time.
John Connolly, of the PRESS staff
and Albert Stamm. reporter for the Post,
were called to the stand to give testi-.
mOny impeaching Newstrand's story.
Mr.. Connolly told of q conversation
with the plaintiff in the PRESS Office
after the shooting when}the latter stated
that he did not recognize~the face Of
the person who shot at him. : Nh.
Stamm testified Of a similar CONVEX
sation in which Newsstand, made the
same statement.
I. The last witness wan Hugh luigi Mc,Keever.
q Is -year-old boy living next door, who
heard the shot and ran u into the
street He saw no one.
So much conflicting testimony wal
offered as to whether or not not it wal
possible to stand in the yard and be
e from both the window and the fence
that the judge looked over the ground
himself during the noon hour, accom-
panied by young Nelson. who pointed
out where the girl stood. The judge
was of the opinion that it was possible
for the case to have occurred as the boy
said. This left the question resting on
the single point, whether the boy really
recognized the girl as Irene Merry or
not when the flash of the gun came.