The evening times., 1911-07-26
SECOND DAY. Of NORTH K0KS GREATEST FAIR SRPSSESS SURF ASSES THE FS

himself unable to hold them and he
let them drop to the floor. When he
was shown the shoes, all he could
audibly say between sobs was, shoes
that my Kenney wore." His testi-
mony continued.
Mr.. Mckenzie then identified the
lantern carried by his son on the fatal
night.
DR.. E. C. Bennett Called
DR.. E. c. Bennett. the physician
who was called to attend to the in
jured boy Immediately after the burn
Ing, was called to the stand and gave
a technical description of the burns
and wounds as he had found them.
Attorney Tracy R. Bangs for the
defense cross examined the witness
and had rather spirited tilt with the
physician. The defense brought forth
the fact that DR.. Bennett had no
knowledge Of the burning of the lad
outside Of hearsay. The gist of his
testimony was recital Of the boys
physical condition after the burning.
1t was as follows:
The burn on the left thigh was the
upper and inner portion of the thigh,
inner aspect as we call it in medical
terms and the lower portion of the
abdomen, a little higher on the left
side than on the right, small blebs
or blisters here, and the burn cover
ed the whole of the abdomen and in
ner and upper aspect of the thigh,
reaching In moderate degree un-
hex hn So, to-
cluding the privates. The burn was
through the skin. I could tell from
the hard, broad like feeling of the
burn that it included the tissues un-
der the skin and, in the upper and
inner aspect Of the thigh. The skin
had commenced to raise in huge blis-
ters such as 1t always does in burns
over the portions where the skin had
included the large burn, severe burn
ed portion down here 1t was more
blistered on the abdomen or blebs,
water blisters. Another one below on
the knee.
DR.. Darrow on Stand
DR.. Darrow of Fargo arrived at noon
and was Immediately placed on the
witness stand as soon as court re-
COuVOu0U. LIZ. DdTlOW Iceliuou oo
expected and was excused within a
few moments.
Mckenzie Recalled
Simon Mckenzie was at once re-
called to the stand and was kept
there the remainder Of the afternoon
session, which terminated shortly
after o'clock in order that the
stenographers might complete their
record Of the days testimony and to
allow counsel for defense to get in
shape further questions from this
record Mr.. Mckenzie was almost
completely worn out with the after
Moons gruelling bombardment of
questions.
Battle OF Attorneys
Then came another attempt on the
part of the prosecution to introduce
testimony tending to show that Clyde
Spefry, the accused in the case had
made a voluntary confession impli-
eating himself and Louis Summerfield
his companion and close friend. At
torney General Miller was conducting
the examination of the witness.
Bangs Objection Sustained
Immediately Attorney Bangs for
the defense interposed objections on
the ground that no proper foundation
had been laid by the state for the
introduction of testimony Of the ma
ture of an assumed confession and
that they had not shown as yet that
the purported confession was volun-
tary The court sustained the objec-
tion and the attorney general start
ed in again.
Counsel for the defense again inter-
posed an objection on the grounds
that no testimony had been introduc-
ed to show a criminal agency Of an
other es the means of the death Of
Kenneth Mckenzie. The objection
was overruled and Mr.. Mckenzie told
the story, with all the earnestness and
dramatic force Of one who has spent
over two years in attempting to fer
ret out the possible criminals whose
overt acts resulted in the death Of
his son.
Cross Examination of Mckenzie
Tracy R. Bangs counsel for the de-
fense then began his cross examina-
ton, which lasted the entire after
noon and was not concluded at the
adjournment for the night. Many of
these questions referred to the part
which, according to the confession Of
Sperry, told as he heard it by Nc
Kenzie. placed Sperry in the trans
actions which occurred on that even
ing, when Kenneth Mckenzie met his
death.
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