The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-30

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height. big. raw-boned and very
strong.
Fowler went to the house, wlhen he,
met Mrs. Ross and asked her to go
out and stop the fight. Fowler after
Mcl-ain Cooper washing himself in his
room. His face at that time showed
the effects OF hess attack. Said he
would kill aim.
Usctl Will IIpitllcts.
At the time when the fight was 60
ing on Ross was applying to McLain
all the known vile epithets. He told
him he would beat him into u pulp
SO his W father wouldn't know him
and that he also said he would kill
him, emphasizing the statement with
an oath. Tom Fowler left for the
Fulton. farm and McLain stayed to
watch the sheep. He went into the
house and looked at the telephone
book, and found Ross and Huelet
there. He Don afterward left the
house. In the meantime Ross had
path with a club or iron bar in his
hand. Ross made no demonstration
as McLain went by. About that time
n foreman from the Fulton farm,
MIR. Bolen, drove into the yard and
McLain left with Bolen for the Full
ton farm. When he reached the Full
ton farm he called up the sheriff and
there was a mar there who acted
crazy and that he was afraid Ross
would destroy the property.
When the sheriff wanted him to go
in and sign the complaint. McLain
said that he wanted someone to go out
and protect the property. Cooper
then went into the Fulton house and
got the revolver and drove back to
the Cooper farm, reaching there some
time after 10 o'clock in. the. evening
He spent the night in the sheep barn
to protect the property.
Told o to Leave the Farm.
In h morning after Ross came to
the barn Nolan Cooper came inside
the barn and told him to leave the
farm. Ross said he wouldn't leave
the farm. but took off his Jacket and
started for Cooper. applying anothe,
and drew the revolver. et threatening s a s.a to
shoot If Ross anne further. Ross
then left he barn, and outside the
barn they again spoke to n another,
and Cooper told Ross again to leave
the farm. 1t was at thik time McLain
fired W shots, but neither one was
that this was a very FOOLISH thing to
do, bat. that McLain thought, by this
means he could convince Ross that 1t
was time to leave the barn. Again af-
ter coming out Of the shed Ross start
ed for Mc1ain, but McLain warned
him that he would shoot.
Then Ross said, Damn you, IL that
is your game I'll get q gun, too."' and
started for the house. McLain follow
ed him, calling on him to stop or he
would shoot. When thrown into a
complete panic" by what had happen
ed, McLain shot. not to kill Ross. but
from going into the house. BY reaso
Of the sticking of the trigger and the
jump of the gun the shot was fatal.
Counsel Bangs declared that from
these facts the defense would contend
that Cooper was Justified in shooting
to wing Ross. .. He said the defense
would further show that Cooper by
that time was In m irresponsible on
dition as a result of fear over Ross at
tack and the statement that he was
going to get a gun.
The shot WAS fired, declared Coun-
sci Bangs in self protection. The
statements made by Osman Amundson
and stat were due, declared counsel,
tho bat Of the night before.
in Hillsboro by Ross. Counsel Bangs
said that Joseph, William and Thomas
Madsky Of HillsbOro. would be, placed
on the stand. while Messrs. julius AL
Der, Nelson n Fnost from back east,
where Ross was employed. would tes-
tify as. TO his .quarrelsorne disposition
and reputation. On the testimony Of
these witnesses and the testimony of
Thomas Fowler, together with the