The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-27
WIDOW IS THE FIRST
WITNESS ON STAND
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discontinued about IL month previous
to the shooting.
With reference. to events ON the
nieht previous to the shooting. Mrs.
Ross said that h had pot seen any
thing of he quarrel between her hus-
band and McLain. She had been ill
for about six weeks. and had served
supper about g O'Clock that evening,
the defendant coming into the house
about o'clock. She asked whether
replied. no. thank you" After look
ing at Il telephone book for a few
moments she said McL::.in went out
Of doors.
After leaving the residence McL.ain
had taken a horse, riding TO the SUIT
ton farm. States Attorney Lyche is
conducting the examination Of the
states Witnesses.
Cross Examination Brief.
The cross examination of Mrs. Ross.
conducted by Tracy ID. Bangs. was not
Very lengthy. He took her over some
Of the events OF the day of the shoot
ing. and the evening preceding. At
the time she saw her husband lying on
the ground with Cooper at his side.
she said that Jack Iiuet was not in
the yard. or at least was not where
she could see him. When she went in
to the house Cooper had moved to q
point Q twenty-five feet from the
barn. The affair occurred between z
and s o'clock in the morning.
1t was also shown tina on the even
ing preceding Ross had left 'tlc house
when McLain came in. Mrs. Ross said
that she went out after Cooper left,
and her husband was standing near
the door, McLlin having already pass
ed him. She said that she had gone
Il I" avert further trouble.
The first information of any differ
cnces between her husband and Nc
Lain had come to her on the evening
Of March 10 through Tom Eawlcy. a
young boy on the farm. Mrs. Ross
said that McLain had boarded with
them during the winter, Harry J.
Cooper. the father of the defendant.
providing all Of the groceries, fuel,
etc:
Declares Shooting; Premedi,ated.
In his statement of the case. States
Attorney Lyche declared that evil
d"nce would he introduced to show
that tho shooting had been planned.
On March 10. this year. he said that
Cooper and Ross had some discussion
as to a COW IN the place which was
hard to milk. being ugly. 1t had been
hSiccN ecu llSIIt tII1I tlto COW
would be taken to another farm. but
later in the day Cooper is supposed
to have told Ross that there was no
need Of making the change. and that
the COW could remain there. and that
Tom Hawlcy would milk it. The milk
ing. it was claimed, was q failure. and
Cooper had become ~disgruntled and
had It In" for everybody.
That evening the states attorney
said that Cooper would he shown to
have refused Il go into the house to
eat supper. Ross. at this. is rcputed to-
have told Cooper to go in and nave his
meal. as Mrs. Ross was ill. to which
Cooper is supposed to lav replied
that "hc would go in when he got good
and ready" With that they claslled.
and the fight ending when Ross ask
ed Cooper whether or not he would go
in and have supper ii he would let
him up. aud Cooper had replied that
lie would. That is all the trouble. the
states attorney declared. tina the two
men had.
Tried to start Fight.
Next morning Mr.. LHche said that
Cooper would he shown to have re-
the night at tho Sutton farm. and to
have hrandishcd Il revolver in MIR.
Ross face. declaring that he was GO
ing to shoot. Ross. it was claimed.
had replied go ahead IN shoot and
then continued about his work.
Two shots were fired. one into the
ground and one struck the barn. At
this the state will endeavcr to prove
that Huet had told toss TO throw up
his hands and find out what Cooper
wanted, and that Ross had done this
Cooper is reputed to have replied that
he wanted Ross to get Oft the farm.
and that Ross had agreed to 60. start
ing toward the house. He had ad-
vanced q short distance when the fatal
shot is claimed to have been fired. the
victims back being at that time turn
ed to McLain.
1t will also he shown, declared the
prosecutor, that McLain. when stand
ing beside the PROSTATE form Of Ross.
had remarked that he had plenty more
bullets.
Claimed to Have Made Threats.
On the evening preceding it will he
shown. he said. that Cooper had tele-
phoncd to the sheriff of Trail county.
asking him to come out n arrest a
man. The sheriff refused to do so.
telling McLain to go to IIillsboro and
swear out a warrant. To this Cooper.
an answer. yes or 10. and when told
by the sheriff that he would not go
out. that Cooper responded with the
statement that he would take the law
into his own hands and drive Ross off
the farm.
The shots. the state will endeavor to
show were fired by Cooper in an effort
to arouse Ross anger. but it will be
commended that Ross continued about
his work. his back always to Cooper.
Had Ross turned about. Mr.. Lyche
commended that such fact would have
been used as a basis for a plea OF self
defense. and that such was Cooper's
intention.
AS to the death bed statement which
would be introduced. Mr.. Lyche said
that Ross had given him the facts. and
that he had them transcribed. They
were signed some time later by Ross
when he realized that he was to about
to die. being read to him by Clerk Of
Court Boyd Of Trail county.
Mr. and Mrs. H. j. Cooper Present.
Both the father and the mother OF
the young prisoner appeared in the
court room today. as did his sister.
/ They were seated just inside tho rail.
road. on the side nearest the jury. Mr..
Cooper had been present in the court
every day last week. hut Mrs. Cooper
bad not been in the court room until
today. 80
On the other side of the court room,