The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-30
SELF DEFENSE
WILL Be PLEA Of
MILAN COOPER
Will Contend Ross Was ~
His Way to Secure a
Gun
TEMPORARY INSANITY PLEA
NAY ALSO Be MADE

This Point in His Opening Statement
Of Case-shot Gun in tho House q
tho Time.
Through testimony that will bs
gtven on the stand by the defendant
McLatn Cooper. corroborated by evi.
dence bearing upon the general char.
acter Of the victim Of Trail county.
throw an entirely different light upor
the affairs which occurred at ths
Cooper farm on the morning Of March
10 which led up to Ross death.
That ]. F. Ross when he walked
toward the house on the morning Of
March IL last was on his way tc
secure shotgun and that he had
aroused this fear in the mind OF
McLain Cooper and that the latter
fired the shot which killed Ross In
self protection. will be the main de.
trial. according to the opening state
ment made by Chief Counsel Tracy
r. Bangs for the defense. The state
rested about o'clock yesterday at
ternoon and Mr.. Bangs at once began
his opening statement which lasted
about an hour and half and set be-
fore the jury in clear way just what
line Of defense will be offered. The
evidence introduced during the morn.
court yesterday by the state was that
OF the sheriff and deputies who met
McLain Cooper on the morning after
the shooting. They were asked par.
ticularly as to what Cooper said on
that occasion.
In the opening statement Of Coun.
sci Tracy r. Bangs, there was moth
Ing said as to whether or not expert
evidence would be introduced to show
that McLain Cooper was temporarily
insane at the time Of the shooting,
although 1t is believed that evidence
along this line will be introduced as
indicated in the course Of the trial up
to the present time. Counsel Bangs
told in a graphic way the defense's
view Of the scuffle that took place on
the evening Of March 10. Attorney
Bangs stated that in that fight Ross
struck Cooper. gouged his eyes. called
him vile names and threatened to kill
him. He stated that on the foiiowins
morning the trouble was renewed by
Ross refusing to leave the farm. Nc
all. night, .he said. for the purpose of
protecting his fathers property. The
morning of the shooting, Mr.. Bangs
declared McLain told Ross to leave
the farm and that after Ross had
made a number Of threatening ad-
vances always to be halted by the re-
volver which McLain had secured at
the Sutton farm the night before. he
went past McLatn toward the house
with the statement that If that
tmeaning the gun) was Cooper's
game" he was going to play in 1t him.
self. Counsel Bangs further stated
that McLain followed him and kept
telling him to stop or he would shoot
and that finally he shot to protect
himself.
It was brought out by the recalling
OF Mrs. Roes that there was a shot
gun in the house standing on the
Platform to the upstairs and that
there were also loaded shells in the
house. When court adjourned last
evening, adjournment was taken until
tomorrow morning at o'clock, ow.
ing to the fact that today is q legal
holiday.
That McLain Cooper will be the
main witness in his own defense was
strongly indicated by the opening
statement Of Tracy Bangs. During
the recital Of the opening statement
the defendant sat with his head in his
hand during a considerable part Of
the recital. Mrs. Ross was again in
times in the course Of the testimony
raised her handkerchief to her eyes.
Statement of Defense.
Chief Counsel Tracy Bangs for the
defense began his statement to the
Jury Of the evidence to be offered by
the defense at o'clock in the after
noon. He said the defendant would
show that the shat fired by the de-
fendant was fired In self defense in
corroboration Of his statement to Os-
mum. Osmundson and Stai on the
morning Of March IL. He called the
Jury's attention to the fact that they
had stated ntheir examination that
they would want to know tho char
acteristics Of the defendant and the
man shot. The question for the jury
was whether or not the defendant
used reasonable judgement. He
pointed out that the defendant was
at the time Of this occurrence.
He told Of the life Of the defendant
how he had been raised at Hillsboro
and had later gone to the agricultur-
al college where he studied agricul.
tural subjects. His bent was toward
farming and he took a great interest
In the farm. In disposition he was
HlOTo tiJHiO dnO WOul0 ratner avoid
trouble than seek 1t.
Ross Not Foreman.
In 1908 Mr.. Ross came to the Coop.
er farm. left and came hack again.
The final employment took place to
begin April l. 1910. and to continue
until April 1. 1911. He had been en-
pIoyed as foreman before and was
employed again on the farm. He was
hired for field-foreman and had
charge Of the men in their work. Mr..
Cooper lived in Hillsboro and during
the summer time was almost daily on
the farm. Ross was therefore under
the direct supervision Of Mr.. Cooper.
the proprietor.
During the summer and fall of
1910 McLain Cooper was working on
the farm and received his instructions
from Ross. Their relations were
friendly. During that time he heard
previous years formed. On December
1S. 1910. Mr.. Cooper and Mr.. Ross
had settlement At that time Mr..
Cooper told Mrs. Ross that the fam
lily with the exception Of McLain were
gotg south for the winter. At that