The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-07
Good Character of McLain
Cooper Testified to by
Tsl>
A1
DYING DECLARATION ONCE MORE
Center 0fPRosEcUT|ON'S INQUIRY
Other Witnesses U, in Attempted
Impeachment of - Sa> 40 aI.dsky-
Claim He Had Good W.. Hs< Ross
Af..r shooting. ace ce,.

Only q half hour after the morning
session in the McLain Cooper murder
case had been commenced the defense
rested. Four witnesses had been
placed on the stand, r. T. hngman
Of Hillsboro, and F. L Goodman and
Trust company in Grand Forks, testt-
flying with reference to the general
good character and the reputation of
the defendant. w. s. Green. court re-
porter. was called to identify the first
dying declaration by Ross. but which
declaratto was never signed.
No evidence was admitted tending
to directly prove the so-called Daven-
port, N. D.. incident in the life Of J.
death Cooper is charged with being
responsible. An offer Of proof was
made by the defense but was not ad-
mitted. Several other incidents that
had been told Of on the stand by
Cooper were not inquired into at
length through corroborative wit
nesses.
called Miss Petra somoe. the nurse
who attended Ross during the last
two and half months Of his life. She
said that DR.. Anderson and Clerk of
Court Boyd. during the reading OF
the documents. spoke to him about
the same time on one occasion. the
physician asking whether or not Ross
whether or not he understood the
reading. Ross replied yes. =:
On cross-examination Miss Somoe
was asked whether or not Ross re-
piled yes to the physician or to the
clerk. who was reading the declara-
tion. and she replied that he said yes
after Boyd spoke to him, and that he
did not have time to answer between
the time the physician concluded his
question and before Boyd asked the
question.
On redirect examination she said
that Ross was awake at all times. and
was conscious. He had been delirious
the night previous. for the ffrst time
during her period as attending nurse:
TO the stand. and he testified to prac-
tically the same nointg, saying, that
Rots. was awake and .conscious at I'll
times. He said he stopped twice dur
ing the reading. 80. -.
Dr. A. q. Anderson said he had
touched the bed clothing and in ask
ing Ross il he was asleep during the
reading of the declaration.
Sheriff Olaf Serum said that when
Boyd asked Ross II he understood
what was being read, that Ross re-
piled he was listening Sheriff Serum
was In a position when he could not
see Ross eyes during the reading. but
that he raised up on one occasion and
that his eyes were then open and ap-
peared natural.
Miss Agnes Daley was the next wit
ness and said that she had been at the
Cooper farm the last Sunday in Feb
ruary Of this year and that Ross and
McLain Cooper had been on the best
Of terms ms +. that It day; ; or S at lea least they
farm from 10 o'clock Sunday morning
till about 9 o'clock that evening. Miss
Daley. who confesses eighteen sum-
mers. said there had been considera-
ble of tug-of-war for letter which
she had received. On cross-examina.
ton she said Ross had assisted Nc
Lain In securing the letter from her,
and that they finally were SUCCESSFUL.
Most Of the time she said Ross was
seated on lounge on account Of the
fact that his leg was stiff.
Emil Peterson declared he had
been in the Stai livery barn the night
following the shooting. and that Ben
Madsky were present. At that time
the witness said Madsky had declared
that he couldn't understand what had
come into the boys head, and that
Ross was nice man. that he knew
him well, and that he had worked
1or MIN. This evidence Is Contradic-
tory to that given <by Madsky yester-
day when he denied making such
statements. ..,.....
On cross-examination the witness
said he had lived at his fathers farm
eight miles from Hlllsboro. having
proved upon a claim at one time. but
that he sold it and returned to his
fathers place.
The tion was decided.
ly brisk. and when Counsel Tracy r.
Bangs reached a particularly interest
ing point. Counsel Geo. a. Bangs in
terposed an objection by declaring
that Eve nave stood enough Of this
hully-raggins." Later Geo. Bangs in
terposed another objection Of the ma.
ture. The witness was unable to re-
Feat the conversation of the men
present. Tracy Bangs also wanted to
know II the witness had not learned
tho statement purported to have been
made by Madsky after arriving here.
hut this Peterson denied. The cross.
examination was directed particularly
along the line Of showing the defend.
ant was entirely deficient in the mat
ter OF memory.