Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-20

In the case of the United States
government against Samuel Newman
a full blooded Indian, charged with
murder in the first degree, Mason
Jones, a relative of the accused man.
occupied the stand for the greater
part Of the day. Judge Barnett piled
questions at Jones which introduced
some startling testimony, mainly that
of his being an eyewitness to the al
legged murder
Jones stated to the court that he
had been in the house of Newman
with Conklin for about two hours
when Newman entered. AS the de.
PENDANT came into the house he began
looking around the room and finally
went over behind door where he
pulled down an old gun. a forty-four,
from it's resting place. According to
the testimony of Jones, who was in
the room, Newman turned the gun
toward the northwest ana placed in
it bullet, then turning to the west
he fired at Conklin, who dropped to
the floor, dying few moments aft
erwards.
Newman did not utter a sound nor
make any show or demonstration. not
as much as even saying a word.
In his testimony Jones stated that
he then took Newman over to the
house Of Newman's father, about so
yards away, where he placed Newman
on bed. Shortly afterwards New
man left the house and started out
across the country without a coat or
hat. He was not seen for some hours
later.
Attorney Lowell cross-eaxmined for
some time this afternoon and piled
the chief witness of the prosecution
with questions. However the testi-
mOny of Jones was shaken very lit
tie from the cross-examination and it
is believed that his evidence will
have great deal to do with deter
mining what the jury will do
With the introduction of such tes-
timOny as Jones offered, it is now
that the defense will fight !
The case on the grounds that Newman
did not know what he was doing. |
The fact that he was intoxicated will |
De one Of the driving points of the |
lefense in showing that the act was
rot rational. The defense has a large
Of character witnesses who
will be introduced to show New
mans record as man of sterling
qualities.
The case will continue for several
more days. The fact that Indian in
erpreters will have to be used will
)e great handicap to the progress
# the trial from now on.
Charles Hoffman, the government;
representative on the Indian reserva-
ion, asked the representatives of the
'ress to correct a rlmOr that had
,one abroad, that Newman was
'raduate of Carlisle Indian school.
fr. Hoffman stated Newman had not
tended Carlisle and furthermore to
is best knowledge he was not grad
ate of any other Indian school or
ollege.
James Eagle, who is the chief of
he police of the Indian reservation,
rrested Newman when he came
ack to the vicinity of his home.
'agle, whose Indian name is Young
'agle. had with him a rifle as he
ad been given to understand that
'ewman was heavily armed.
The murder case against Sam New
ian i'm the United States court
romises to be bitter battle.
Before the court was adjourned
afternoon the panel was ex-
austed United States Marshal Shea
as called upon to secure further ju-
,rs and he served papers upon a
lmber of Fargo men, who were ex-
mined by the attorneys, and as re-
ut three Fargo men who were not
l the original jury panel will assist
deciding the case.
It will be noticed that over half
the jurors are from Cass county.
lly five of the twelve being from
her parts of the state. However
e entire body represent the eastern
If of the state and none Of the
en- come from the west. where the
dams are numerous. Four Of tn
ven Cass county men come from
Lrgo. The reason for this is that
len the panel ran out it was neces
~ 10 get new Jurors at once. and
e court could not wait until papers
re served on men in other parts
the state.
The dropping out of so many of the
-ymen was due to the fact that
my Of them we're Of the opinion that