The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-02
jusT|F|Es HIS
ACT; BELIEVED
DANGER EXISTED
MeLain Cooper aslss+es Sc
ries Of Incidents on Mlnt g..
ing Of Shooting
ROSS hAD"RUSHEO" hIM ON
Two OCCASIONS 0uR|uG. ulY

o9ys Victim Finally 6taFted. For Gun
Pleaded With Him to Stop and
Finally Shot at Legs, Seeking to
Stop Farm Foreman In Progress.
killing Of ]. Frank Ross, foreman Of
HE fathers farm, McLain Cooper this
morning related the series of incidents
which transpired on the morning of
March II and which led up to the ia
tai affair.
II was In the sheep shed Of the
farm that the nnal break came be-
tween the two men. Cooper said this
morning. Cooper had appeared In the
shed shortly after Ross had entered
and repeated his request that Ross
leave the farm.
II won't leave the farm for you. 50
10 the remark McLain today said Ross
made to him. With that remark Ross
started toward him on the rush.
Don't do that. Frank, or will have
to shoot" was the response that Nc
You haven't got the nerve to pull
that damn thing" was Ross reply to
this remark, Cooper testified.
"Yes I have" McLain said, "and
have plenty more shells"
Well, damn you. II sunplay is your
you how to use it."
Then. passing out Of the barn, Nc
Lain says Ross started toward the
house, with himself following.
Don't do that. Frank, for Gods
sake. don't get a gun and don't let's
have any trouble over this" McLain
pleaded with Ross as they were NOV
ing toward the house. according to his
evidence.
Ross kept on going, and finally, in
desperation and while, 80 he says. ter
ror stricken over the thought that Ross
would get the gun and kill him, he
shot.
II shot to stop him.. said Cooper
this morning.
did you intend to kill him." asked
Counsel. Tracy Banss ;'''.-''
young defendants response in a clear.
steady voice. II only shot to hit him
In the legs and stop him.
Fight Over Previous Threats
At this point In the testimony the
defense endeavored to gain from the
witness testinony relative to matters
lition Of mind IN which ne at that time
found %. himself. Vigorous. objection
came from the prosecution. !,
Arguing in favor of the admission Of
such evidence, Tracy Bangs declared
that 1t was only right that evidence
tending to show that the fear was rea-
his fear and In his actions. should be
admitted.
The prosecution argued against the
presentation Of evidence Of that ma
ture at this time. contending that It
was evident that the defense sought
to introduce remarks alleged to have
been made by Ross to Cooper and
could not deny. A. to the Question Of
fear. George Bangs contended that Nc
Lain himself had admitted that in fir
ing two shots back Of Ross, AZ he was
passing by the barn, he had sought
to frighten Ross and that It was only
fair to assume that he had been sue
cessful in finally frightening Ross to
right to arm himself. He also argu-
ed that McI.ain had, according to his
own testimony, been the one who had
given provocation on every occasion
that morning and that at the time the
first two bullets were fired Ross would
have been justified in firing in return.
The arguments had not been con-
cluded when the noon adjournment
was taken.
Tells Of Mornings Events
When McLain Cooper resumed the
stand this morning he said that he had
first seer Ross on the morning Of
March II, about O'Clock, Ross going
iron: the residence to the barn. Ross
was accompanied by Hulet, both 60
the barn a few minutes later. The
revolver. he said. was in his right
trousers pocket at that time. McLain
said that he went to the barn to tell
Ross to leave the farm. Ross was
moving down toward the center Of tho
barn when Cooper reached the door.
being engaged in drawing a pail Of
feed pipe or chute that Cooper ad-
dressed his first words to him.
Frank. I want you to leave the
farm" Cooper said to Ross. according
to his evidence this morning.
UtteFing an Oath
Ross declared that he would not let
McLain drive him Oft the farm, taxi
ing his coat of and advancing toward
the young man. still using a fne as
scrtment of oaths.
As Ross came forward Cooper pull
cd the revolver and ordered Ross to
throw UP his hands. The man stopped.
picked up a pail and lett the barn:
Cooper also went out and again asked
Ross to leave the farm. saying that he
did not want to have any trouble with
him. Ross then went over to where
Eulet was standing. the two having =
brief conversation. In this CONVEX
sation. part Of which McLain said he
overheard, Ross remarked to Hulet
that he was going to have q Chow
down" as to who was running the
farm. Ross then left Hulet and came
back to . point near where Cooper
was etandin9
1t was about this time that Cooper
said no fred the first two bullets
shooting them into the ground and
not at Ross.
Tried to Frighten Ross
These shots. Cooper said. were fired
for the purpose Of frightening Ross
into leaving the farm without further
trouble. Ross continued and went to
the sheepshed. Cooper following.
Ross went to the sheep shed. Coop
or going in only a few feet. Here
they had further conversation. Coop
or saying that he again asked Ross to
leave the farm. pleading with him to
60 and not have any trouble.