The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-29
ed that he had shot in self defense.
ON arrival In Hillsboro Cooper had
taken the revolver from his pocket,
giving II to Osmun.


taken the revolver from his pocket,
giving II to Osmun.
Could Not Remember
The witness said that he could not
remember Of Cooper having said any
thing over the telephone about hav-
ing to remain and protect the prop
erty. Neither could the witness re-
member OF having made reply to
er or not he thought he was the only
pebble on the beach, The question
OF refreshments taken on the evening
OF March 10 was also opened by the
defense.
On redirect examination the wit
ness said that there had been moth
ing wrong with Cooper's face.
On re-cross examination Osmun
!, lid that the telephone call from Nc
y n at sutton's farm was the second
IL 20 at the Sutton was the second
thas iad been received that evening
with reference 70 the trouble on the
Cooper farm. He was also asked
whether or not he had not told Coop
er, on the morning Of the arrest, to
turn up his coat collar and thus pro-
tect injuries to his cheek. The wit
ness said that he could not remem-
ber of any such statement.
Deputy Sheriff 0smundson Of Traill
member very much in connection
with the incidents Of March II.
Sheriff on the Stand
Sheriff Serum Of Traill county testi-
1ed with reference to the second call
from McLain Cooper on the evening
Of March 10. Cooper had asked sor-
um to arrest Ross. Serum replied to
Cooper with the request that he come
IN and get warrant for Ross as he
would be liable to get himself into
trouble by making an arrest without a
warrant. After this call the sheriff
said that he had gone to the livery
barn to make arrangements for a
team In the event that Cooper came
to town for the warrant. The sheriff
also said that In later telephone
that Cooper had declared that he
would take the law into his own
hands and drive Ross off. The weap.
on and shells were also identified.
On cross examination Mr.. Serum
family for many years. The story Of
the telephone calls was also repeated.
Cooper had told the sheriff that there
was man on the farm who had CIV
en- him beating. Mr.. Serum could
not remember that Cooper had said
anything with reference to the pro-
lection Of the property. After Coop
er had remarked that he would take
the law into his own hands. he hung
an opportunity to say anything furth-
er.
Afraid of Ross
During the first conversation the
sheriff said that Cooper had declared
that he was afraid Of Ross. The bur-
den Of Cooper's conversation was that
he wanted to get Ross off the farm.
On the redirect examination Sor-
un said that he had never received a
telephone call from Cooper on the
morning Of March II in which Cooper
said, Il want you to come out here.
There Is a man on the west farm who
has got piece OF lead In him."
Clerk of court Boyd was recalled
and produced the bullet that was re-
moved from Ross body.
AT this point the shells. the revol-
yer and the bullet which caused death
were offered in evidence.
Late Tuesday Afternoon
Late Tuesday afternoon John Heu-
let. VINO was on the stand, was cross
examined.
The cross-examinatton OF this witt
ness by Counsel Tracy r. Bangs was
long and somewhat severe. He took
the witness back over large part of
AaAo atAC dAO uI0W lIOIu 0IaIos
ments as to the work he had done.
Witness testified that he had for 20
years past worked in lumber camps
and during the busy season Of the
year In North Dakota. He and Ross
had eaten supper on the evening of
March 10. mad 1t was about 20 minutes
afterward before Ross spoke to Cooper
about going to supper. It was still
quite light at that time of the day. He
did not know that McLain was in the
sheep barn until Ross called to him
and told Cooper to go to supper. Tom
Fowler had finished milking and had
gone to the house.. He didn't see any
disturbance over the milking. When
Ross talked to McLain. witness
thought he talked very rough. Nc
Lain replied he would go when he got
you won't get any supper At that
time Ross started toward the sheep
barn. He saw them clinch and Ross
soon threw him down and struck him.
Witness heard McLain say something
about Ross gouging his eyes with his
thumbs. Counsel Bangs asked wit
ness If he had not previously made a
statement to the effect that he saw
Ross gouge McLain eyes, but witness
denied making such a statement.
Witness said that Ross called Cooper
one vile name that he heard during
the scuffle.
During the evening Ross shaved
himself and put some tools in a small
handbag. Witness got up at S o'clock.
Ross about 6 o'clock, and they had
breakfast at Z o'clock. Afterward
Ross and witness went out to the barn
and Ross went to get pail of feed.
Witness had harnessed a team in the
barn when McLain Cooper came in
and was about to hitch them to a
wagon. He did not see McLain Coop
er and Ross together that morning.
He was in the barnyard when the two
shots were fired. Ross was coming
out of the barn and Cooper was OUT
side the barn when Cooper told Ross
to throw up his hands. Ross was
wearing jumper and shirt. AS Ross
came out of the barn he turned south
and went to the sheep shed. Two
shots were fired by McLain Cooper.
Cooper followed Ross but did not go
inside the shed. The two came after
ward to where the witness was and
both were talking.
After he went into the barn he
heard another shot. Soon afterward
McLain Cooper came to the door Of
the barn and the conversation given
in the direct examination ensued.
Witness thought he said, "You may be
sorry for that some time." When he
reached Ross. no one else was there.
Witness helped Ross into the house.
Witness only heard three shots that