The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-28

is Harry ]. Cooper. I never had any
trouble with McLain Cooper about the
men. ! heard the gun report when 1
dropped. at least that is what 1
thought ] heard. you know. McI.ain
Cooper was right behind me and then
he walked right around me. l went
with my head that way and he walked
right around me n he says. II got
plenty MORE" He had the gun in his
hand and he is the one that shot me.
Little Girl on Stand.
Following the dying defamation,
Ethel Ross, the ~11-year-old step
daughter of Frank Ross was called to
the stand. She said that she remem-
bered the time her father was shot.
She was in bed when the shots were
fired. Her father was walking ahead
heard the shots and went to the win
dow and saw her father fall on his
right side. McLain Cooper was look
ing down at her father as he lay on
the ground.
Cross.Examination.
On cross examination the little girl
testified that she heard four shots al
together. 1t was not long after she
heard the three shots that. the fourth
shot was fired. The witness was un-
able to tell how much time interviewed
between the different shots fired. She
got out of bed when h heard the
third shot. The fourth shot had not
been fired when she reached the WIN
dow and saw her father and Nolan
Cooper coming toward the house.
When h saw her father drop to tho
ground she went over and looked out
of the other window in the oom She
remembered that her father had on a
brown shirt.
Fellow Worker OH Stand.
John Multi. who was working with
Frank Ross on the Cooper farm, was
the next witness called. The west
Cooper farm he said was eight miles
southwest Of Hillsboro. He owrked
on this farm some twenty-five days
and previous to that he worked on the
Sutton farm. He remembered the
Franz Ross on the evening of March
IL. He heard Ross order Cooper to
go to supper and McIIain said he
would go when he got ready. He said
that before he knew it the W were
in a clinch. Ross told McLain hat
he would let him up If he would be-
have himself and be a man he would
let him up. McLain refused and call,
ed Tom Fowler to call up the sheriff.
He said they began to struggle again
and Cooper kicked and Ross struck
him several times. Witness said that
they afterward got up n continued
talking. Ross called Cooper a vile
name but witness did not near Cooper
use any similar language. This was
the extent of the trouble. Afterward
Mcl1ain Cooper came into the house
Mrs. Ross asked him if he would have
supper. and he replied: mo, thank
you," and walked out. He did not see
Cooper again that evening.
Morning Session
Foundation for the introduction Of
the dying declaration of j. F. Ross
was laid this morning In the trial Of
sicians also were on the stand for the
purpose Of describing conditions sur
rounding the wound received by Ross.
Physicians First On.
Or. Paul SOrkness was on the stand
again this morning and completed his
testimony. He declared that the bullet
had entered Ross spinal column at an
also said that a .38 caliber bullet
would completely sever the spinal col
unm.
DIR. a. ]. Anderson of Hillsboro
was recalled and ave testimony on
the same point. This evidence tended
to indicate that Cooper had stood back
and left Of the victim. but that the
bullet had entered on the right side
of the spinal column.
Tho third witness Of tho morning
was DR.. q. A. Knutson Of Buxton.
Trail county. He vas present when
the post mortem examination Of the
victim was made In explaining just
where the bullet had been lodged a
maniken vas employed. the witness
stating that the bullet had lodged in
the sixth virtabra. The bullet re-
moved from Mr.. Ross, the witness
said. was Of .3a caIiber. He also said
that one-third of the bullet was or the
right side, the remainder being on the
left side Of a mediam line.
DIR. q. NJ. Olson Of Fargo followed
with testimony of like nature.
r. e. Boyd, clerk Of the district
court of Trail county. was hen called.
He stated that he was acquainted with
the defendant. his father. and also