The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-02

COOPER JUSTIF1Es
ACT-BELIEVED.
DANGER EXISTED
tContinued from Page Ii
Afternoon Session
At the opening of the afternoon ses-
sion the argument was again taken
Up by Counsel George A. Bangs for
state who argued at considerable
length on the admissibility Of the owl
dence In question. He wal followed
by Counsel Tracy r. Bangs for the
defense. All the afternoon Is being
III up. by the arguments.
Defendants Testimony Lato Friday
While the defendant was at work
Ross called to him, "McLain." Wit
ness replied. Yes" Ross then yell
ed hack. III you boys want supper you
meals at all hours"
Witness testified he replied: "Ill
go in as soon az l get my work DONE"
At this time he had finished the
work Of putting in hay for the sheep
and started for the door Of the sheep
barn. sticking the fork which he had
IN his hand In behind the steps. In
the doorway was q gate about three
feet high. AS the defendant stepped
ward him close to the gate. Ross APP
piled a vile epithet and told him he
would show him who was running the
farm. With this Ross caught him and
pulled him over the gate. Defendant
testified that he weighed about 40
pounds. and that he thought Ross
weighed between 100 and 200 pounds
va an exceptionally strong man.
When Ross pulled him over the gate.
the defendant testified that Ross was
on top Of him. pounding him and call
ing him vile names. The defendant
demurred to repeating the names Ross
had called him in the court room. He
said that Ross struck him In the face.
During the struggle he saw Tom Fow-
Ter and -Hueiet. He told Tom to go
and telephone for the sheriff. At this
from the telephone or he would knock
his brains out. After this Ross again
struck him and began gouging his
eyes out and scratching him. Finally
tho defendant testified, he begged for
mercy. He further testified that while
they we're on the ground Ross threat
ened to kill him and said he would
beat him into a pulp 80 his own faith
er wouldn't know him.
Face Was Marked.
Following this. occurrence, the de-
PENDANT went into the Office in the
sheep barn, and washed his face in
cold water. His nose and mouth were
bleeding and his face scratched up,
while his eye panied him considerably.
While he vas in there. Tom Fowler
came In and they discussed what they
would do. He and Fowler afterward
httched up the driving team. Both
got in the buggy and drove to the
north side OF the main barn. Then
McLain got out OF the buggy. Just
before they got in the buggy. they
McLain's instructions to the Fulton
farm. He was instructed to call up
the sheriff or have the foreman there
do so. McLain then went hack to the
sheep barn. He said that he and Fow-
Ter were afraid. because when they
saw Ross they thought he had an iron
bar in his hand.
The defendant testified that a little
while afterward he thought he heard
Ross and Huelet talking in the main
barn. He then ran to the house with
the purpose. Of telephoning to the
sheriff to come to the farm and ar
rest Ross. When he got in the house
he found Ross and Huclet and Mrs.
Ross there. so he went over to the
shelf and secured a few matches. Mrs.
Ross asked him if he wanted any sup
per. He replied mo thank you." In the
meantime Ross got up and went out
side. When he came out of the house
he saw Ross directly east of the dwell
Ing house between. the wood-pile and
the house. Ross had a short stick or
club in his hands, the defendant testi-
fed.
1t was about 3 O'Clock that the fore
man of the Fulton farm drove into
the yard. Cooper testified that he re-
turned with Beland to the Sutton
farm. He remained there about half
an hour and during that time talked
to the sheriff. He talked with Deputy
Osman and Sheriff Serum. The de-
fendant. testified that he told the sher-
~ that there was q man on the farm
who had assaulted him and acted ir-
responsible, and he was afraid both
for his W. life and the property.
They told him that he would have to
Cooper told them he was afraid to
leave the farm. but would come in if
they would send a man out to watch
the property. He testified that they
refused to come and that one of them
told him he wasn't the only pebble on
the beach. While there he secured Il
revolver. He did not know what cali
ore the TeNoIFef was. Out tn8t II was
his fathers gun. He secured four
cartridges and found two already in
the revolver. He took out an empty
shell and put the -four other shells in
the gun. The defendant said that he
told the sheriff that he was taking the
gun to protect himself. He denied
that he told the sheriff that he was
going to take the law in his W
hands. Cooper testified that he re-
turned to the "West" Cooper farm as
soon as he had secured something to
eat. He returned alone. Tom Fowler.
the defendant testified. was present
when he had the conversation with the
sheriff. lie thought that he reached