The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-09

work on the night Of March 10 than
they had had previous to that time. as
Fowler, who had formerly assisted
Cooper. was engaged in another part
Of the farm with other work. For
that reason he said they were unable
and when Ross asked Cooper. at Z
o'clock, to go to the house for sup
per. Cooper replied that he would
when he got ready. Ross, in his dying
statement, had said that Cooper re-
piled he would so when he damn
pleased. Both Huelet. Fowler and
Cooper testified otherwise on the
stand.
At this point the fght started. The
attorney pointed out the difference
between the combatants. McLain
Cooper. barely 81 years. was attacked
BY a man of II years, the latter Of
whom had had experiences in the for
| ests Of Minnesota, the harvest fields
of North Dakota and the mountains
The first words ROSS addressed to
Cooper that night. Mr.. Bangs said.
were gruff and Indicated trouble. for
he commanded Cooper to go in for
his supper. And when the command
was not Immediately obeyed. Ross
. sought to enforce his command by
sheer strength.
AClOHS WeTC N&IUH0l
ana Aet FeMles upon sa1,o sas ps int sfn fo %ess
quite natural. Mr.. Bangs said. They
saw Ross coming from the blacksmith
shop a short time later while they
were hitching a team. and they saw
something in his hands. And immedi-
ately they Jumped into the buggy and
drove away. Cooper getting u OF
the buggy. however. and returning to
the sheep harm.
From the sheep barn he had an
opportunity Of looking across the farm
yard and to'the house. The barn door
was closed. and McLain thought he
heard someone talking in the barn.
He thought Ross and Heulet were
there, and then ran to the house. ex-
pecting to telephone for the sheriff.
On arriving in the house he found
Ross and Heulet there, Ross immedi.
ately getting up and going out Of
doors. Remaining only q few minutes
Cooper left the house. and Ross was
standing near the wood pile with a
club in his hand.
Mrs. Ross. in her testimony. had
said that she followed Cooper out Of
doors, fearing there might be trou-
bic. 1t was because Mrs. Ross had
gone outside that Ross made no move
toward Cooper, Tracy Bangs cor
tended.
Lyche Opens for State.
States Attorney Charles Lyche Of
Traill county opened the arguments
for the state when court convened
in the afternoon. Attorney Lyche CALL
ed attention to the grave duty resting
upon the jury in the case. He went
at some length into the lives Of the
deceased. James franklin Ross. and
the defendant, McLain Cooper. At
torney I4yche dwelt on the relations
between Ross and Cooper and urged
that up to q very short time before
the fatal shot was fired. the two were
on very friendly relations. He argued
that Frank Ross was In fact the ma
In control OF the farm and that Nc
Lain Cooper's dignity was injured.
He characterized the defendant az a
spoiled child. When Frank Ross had
n tussle on the evening Of March
10 his dignity was badly shattered.
In his argument to the jury Attor-
ney Lyche took up the dying declar-
alton Of J. F. Ross and declared that
It was the word of the defendants
father. Harry ]. Cooper. against four
witnesses as to the condition Of Ross
when he took the dying declaration.
The states witnesses he urged were
absolutely unprejudiced while Harry
j. Cooper va there with the knowl-
edge that he would undoubtedly 60
on the stand in defense Of his son.
Attorney Lyche read at some
length from the dying declaration as
to the scuffle that took place on the
evening Of March 10. He declared
that II McLain Cooper was in fact
afraid Of Frank Ross at that time he
would not have called for
Fowler to get the sheriff eight
miles away. knowing that
this would increase Ross feeling
against him. Attorney Lycke empha.
sized the conversations had over the
telephone with Sheriff Serum and the
deputy sheriff. He declared that
here was further evidence as to the
character Of the defendant and as to
his intention the next morning. 1t
was right there. said the states at
torney. that McLain Cooper decided to
drive Frank Ross Of the farm.
Passing on to the morning of tho
shooting. Attorney IINcho again took
up the dying declaration and read
from It. He called attention to the
fact that the gun . s'taken from tho
pocket Of McLatn Cooper had in only
four shells. 1--we empty and two load.
ed. Mr.. LNche said that he could not
explain this discrepancy. Attorney
Lyche went over the evidence Of the
witness Heulet a. 10 what took place
on the morning of March II. claiming