The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-05
COOPER GOT GUN
TO BRIGHTEN THE
FOREMAN, HE SAYS
Defendant, Still on Stand
Under Cross Examination,
So Stated Today
HAD MORE APPREHENSION 4, s.ste ss ,
SAFETY OF PROPERTY Than LIFE
No Session This Morning on Account
Of Fact That Judge Templeton Had
Other Matters For Consideration-
Proceedings late Monday.


Proceedings late Monday.
There was no session Of the McLain
Cooper murder trial this morning. the
trial being commenced at o'clock
this afternoon on account Of the fact
that the morning was given over to
the opening Of the regular December
term of court. -
There was no session in the McLain
Cooper murder trial this morning. the
case being resumed at o'clock thit
afternoon. Judge Templeton had other
matters to care for this morning and
that fact was responsible for the de.
lay.
Attorney George Bangs continued
the cross-examination Of McLain
purpose the witness had in getting the
gun, bringing up the point as to
whether he had secured the gun to
shoot Ross.
Cooper admitted that he had &C.
cured the revolver to frighten Ross
into leaving the farm. He stated. in
answer to questions. that he had had
the gun in his possession before he
had telephoned the sheriff and re-
come to the farm. Cooper said that
he had secured the gun for the pro-
lection of the property at the farm.
Attorney Bangs asked whether
Cooper had felt more apprehension OF
damage to the farm property than for
his own safety to which the witness
stated that he feared Ross would de-
AH>AA - Il "A
think Of his own safety SO much as he
did the property.
Attorney Bangs then questioned the
witness as to his return to the farm.
Cooper stated that after telephoning
he returned alone and walked into the
barn. but did not search for Ross In
the main part. but did look for Ross
In the sheep barn. and than stayed IN
the main part Of the sheep barn all
night. not leaving the place until
morning.
Attorney Bangs tried to shake Coop.
ee's testimony on the happenings OF
the night and asked him II he had
ridden a horse during the night. Coop
er stated that he had not been out Of
the barn that night. He did not res
call at what time on the morning 81
morning Ross and Heulet came down
from the house to the barn. The de-
fendant said that the two men stopped
on their way to the barn and talked
for fve minutes. He said that Heulet
came on down to the barn and the
witness thought that Heulet saw him
60 into the barn. Cooper testified that
he did not trust him. At this point
the counsel for the state inquired at
length into Cooper's feelings toward
Heulet and numerous exceptions to
the courts rulings were interposed by
the defense.
The witness said that he thought
that the conversation between Heulet
and Ross was suspicious He said
they were talking in low tones. They
went into the barn. Cooper admitted
that when morning came the thought
Of immediate destruction to the prop
erty on the farm had passed. The
witness said that Ross did not look
as usual, that morning but that he
appeared angry. He said that he had
made up his mind to discharge Ross
the first time he saw him on the
morning of March II. Cooper said
that he went into the barn and saw
Ross walking away from him. Ross
was near the center of the barn when
the defendant saw him.
Late Monday Afternoon.
Late Monday afternoon McLain
Cooper continued under cross-ex-
animation and he was called
upon to testify at length as to what
he did following the fight on the
evening Of March 10. The defendant
man Of the Sutton farm, came over
he asked him to stay with him on the
farm, but that Bolan urged him to get
in the rig. 90 with him and telephone
for the sheriff. The defendant said
that the gun in the house was Win.
chester repeater and that he thought
1t would carry 100 yards and do dam
in getting the revolver was to pro-
tect the property. and IL necessary to
protect his own life. He declared
that he had not an Intention to kill
Frank Ross. but that he did think
there was imminent danger of prop
erty destruction. He also admitted
that he thought Frank Ross would
his mind to discharge Ross on the
morning Of the shooting. The defend
ant declared that he was not sure of
the support Of Heulet in case Ross
might try to commit depredations Of
the property. He admitted that he
was angry a. result Of the trouble.
fendant told Of the night Of March 10
which he spent f." the sheep barn. He
said the night was clear with bright
moonlight and that he spent most of
the night looking out Of the windows
Of the sheep barn. He testified that
the only other demonstration made by
Ross on the evening Of March 10 was
when he came out Of the blacksmith
shop with what the defendant
thought was an iron bar in his hand.
The defendant was required to go into
details with reference to the other
happenings on the evening OF March
10. He said that the two shots fired
in the direction Of Ross on the morn
ing Of March II, he fired at the
ground. The defendant declared that
he did not know at that time that
the gun carried high and that the bull
let's did In. fact strike the barn. He
wanted to frighten Ross to get him on
the farm. At this point in the cross
examination adjournment was taken
until this afternoon at 2 o'clock.