The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-29
IN ROLE
| OF BEING AFTER
HIS MAN. TO-DAY
Witnesses Test ST. s%hat Such
Remark Was MAJ. Ast
Trail County Man
PROSECUTION FINISHED ITS
EVIDENCE THIS AFTERNOON

Sheriff and Deputy Tell Of Several
Featnres-DefenseO Outlines Plan of
Proving That Ross Was Dangerous
plea Emotional Insanity Also.
Tho prosecution closed it's case
against McLain Cooper this afternoon
about 8 o'clock at which time the de-
3endant's leading counsel, Tracy
Bangs. took up the case, making a
statement of the theory Of the de-
Tense. Self defense and emotional in
sanity brought on by fear are the
attempting to show that Ross was q
dangerous character.
Chief Counsel Tracy Bangs for the
defense began his statement to the
Jury Of the evidence to be offered by
the defense at 8 o'clock this after
noon. He said the defendant would
show that the shat fired by the de-
fendant was fired in self defense in
corroboration of his statement to Os-
mum. Osmundson and stat on the
morning Of March II. He called the
jury's attention to the fact that they
had stated | ntheir examination that
they would want to know the char
acteristics of the defendant and the
man shot. The question for the jury
was whether or not the defendant
used reasonable judgement. He
pointed out that the defendant was
but few weeks past 81 years Of age
at the time Of this occurrence.
He told Of the life Of the defendant
how he had been raised at Hillsboro
and had later gone to the agricultur-
al college where he studied agricul-
tural subjects. His bent was toward
farming and he took a great interest
in the farm. In disposition he was
more timid and would rather avoid
trouble than seek it.
In 1908 Mr.. Ross came to the Coop
er farm. left and came back again.
The final employment took place to
until April /, 1911. He had been EN-.
ployed as foreman before and was
employed again on the farm. He was
hired for field-foreman and had
charge of the men in their work. Mr..
Cooper lived in Htllsboro and during
the summer time was almost daily on
the farm. Ross was therefore under
the direct supervision Of Mr. Cooper,
the proprietor. ..
During the summer and fall Of
1910 McIain Cooper was working on
the farm and received his Instructions
from Ross. Their relations were
friendly. During that time he heard
previous years formed. On December
IS, 1910, Mr.. Cooper and Mr.. Ross
had settlement. At that time Mr..
Cooper told Mrs. Ross that the fam.
lily with the exception Of McLain were
goig south for the winter. At that
time Harry ]. Cooper told Ross that
McLain would be in charge.
Morning Session
Herman stat Of Hillsboro. livery
man was the first witness on the
stand this morning. He testified with
reference to events on the morning Of
the shooting when he drove a car.
riage from Hillsboro to the Sutton
farm. where McLain Cooper was. and
from there started for the west
Cooper farm. A deputy sheriff was
with him.
At the Sutton farm McLain came
out Of the barn to the carriage. AbouI
the first words McLain said were to
the effect that he had shot Ross in
self-defense. Cooper was asked
whether or not there was a. physician
with Ross. and the defendant replied
that there was. One Of the deputy
sheriffs suggested that they drive over
to the other farm and see If there
was anything they could do.
talking about the affair and Cooper
said that. he had shot because he was
afraid that Ross was going into the
house to get gun.
Wanted to Get Him
Stat said that he asked Cooper why
he had not shot Ross in the legs and
Cooper replied that he wanted to get
him and shot to get him."
On cross examination the witness
was unable to tell anything definite
as to the other "details of the con-
versation that morning. He said that
Cooper had made some statement
with reference to the fight on the
night before, and that something had
been said about eve gouging.
C0rr0borates Statement
A. j. Osmun. former sheriff of
Traill county. followed stai. He was
one OF the deputy sheriffs who went
out from Hillsboro to take Cooper in
charge. With reference to the con-
versation that morning Osmun said
that on reaching the Sutton farm
that he had stepped out of the car.
riage and had gone over a few feet to
meet Cooper. McLain said that he
had shot In self defense. He also cor
roborated Stars testimony with refer
ence to Cooper's statement in response
to the liveryman's question Of why he
.to~ s'Se Ss.Oe atIIu III Tic leS. 10 THIS
osmun said: IT wanted to get him
and got him. When you get a man
like that on top Of you. you know that
you have got somebody"
Revolver Produced
Osmun also said that he had
searched Cooper and had fund a re-
volver. the weapon being identified on
the stand by the witness. In the re.
volver were two empty shells and two
cartridges which had been snapped
at. but which had not been exploded.
The shells and cartridges were Also
identified.
Cooper Makes Threat
The witness also testified that on
the evening Of March 10 that he had
answered the telephone call from
Cooper In which Cooper had asked
for Ross arrest. In that conversation
Cooper had said that he would take
the law into his own hands and drive
Ross of. This remark followed the
officers refusal to make the arrest
without warrant.
On cross examination the witness
said that Ross name had not been
mentioned by Cooper or himself up
o the time the defendant had declar.
l1 A