The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1911-05-11
PROSECUTION HAS ITS EVIDENCE
ABOUT ALL BEFORE
THE JURY.
FIGHTING HIS CASE STUBBORNLY
Persists in His Theory that Fatal Bull.
let was Fired by Deputy,
Through the Roof
Of the Barn.

|
towards all officers of the law, and
testimony recalling the times violence
was resorted 10 by the backwoodsman
to evade the serving of papers, was
introduced by the prosecution.
At one instance where H. 0. Jonas,
deputy United States marshal, testi.
fled that he had been assaulted and
| rifle, Deitz attempted in cross-exam-
ination to make the witness admit
that he, Deitz, had even knocked him
down twice with his fist and booted
him across the yard.
20 Witnesses on Stand.
In all % witnesses were placed on
the stand by the state during the day.
Deputies and spectators of the Cam.
eron Dam battle testified as to Deitz'
attitude towards the officers, his pug.
nacity in general the number of
times he fired at deputies, the prob.
ability of Harp's fatal bullet having
come from the barn and the impossi.
bility of it having come from any 9th.
er source.
Deitz asked every one of these. wit.
nesses the question: Isn't it possible
that bullet from that position could
have gone through the roof Of the
barn and been DETECTED in such
manner that it could have struck
Harp" In most instances the answer
which necessarily was one OF opin.
ion, was negative
Louis Lambert, one of the deputies
who testified that he had not fired a
shot from the position he held at the
point where the roads lead into the
Deitz clearing, also stated that he
had seen Deitz come out from behind
the house several times and fire at
the deputies.
County Physician Testfies.
DR.. Guy Grafton, county physician
of Sawyer county, who went into the
cabin with Helen and Father Pilon to
attend Deitz's wound before the depu-
ties went into the cabin, testified as
to t he location and seriousness of
the wound, saying that no important
artery had been severed and that no
bone had been broken and that the
lead ball had practically only made
a furrow in the flesh.
when Sully Heffelfnger told Deitz
that the only surrender to be consid-
cred was an unconditional one," testi-
fed DR.. Grafton, Deitz replied that If
it was for himself only, he would fight
it out forever, but that on account of
his wifes condition and children he
would give in
at is possible bullet fired from
the position l occupied could have
reached the place Harp was located"
was the admission made on cross-ex-
animation by William Fortier, depu-
ty who, with John Thayer, was sta
toned to the west of the Detiz barn
and buildings and on direct line with
the place where Harp was killed.
When Judge Reid opened court
Detiz presented Clerk Jens Jorgenson
with list of four names and request
ed that subpoenas be served. The
witnesses are A. G.. Stewart, an artist
at Cameron, Wis; II. G.. Ellsworth,
Barron, Wis; Dr. Schmidt, Mayville,
Wis.,, and G. E. Broughton, sheboy-
gan, Wis. The bearing of these wit
pesses on the case for the defense is
unknown.
Three spectators to the battle, Ole
Bredeeon, Albert Bredeson and Louis
Renville, farmers and lumbermen,
were put on the stand by the state
and testified to having seen Deitz
come out of the cabin when Leslie
was fired on and return the fire of the
deputies. On cross-examination, Deitz
by question inferred that the men had
been paid to witness the fight and
testify.
James Rankin, deputy, on cross.
examination by the defendant. also
testified that there were so many
shots and they came from SO many d..
rections that it would be impossible
1or any man to tell where the shots
We're coming from.
In the cross-examination of Deputy
James Ross, Deitz attempted to show
to the jury that the witness had not
seen with his own eyes what he was
testlfylng to, but had been drilled in
his testimony by agents of the lum.
Der interests.
In direct examination Ross told the
court that from his place of hiding.
behind stump, he had seen the elder
Deitz come out of his cabin and fire
several rifle shots directly at Roy Van
Alstine, who was hidden in some tim
Der on the flowage. On the stand
Deitz tied the witness up with num-
Der of queries. shot in in rapid-fire
order, and finally forced him to admit
that he did not have personal knowl.
edge of the exact location of Van AL.
styne and in fact had not seen him
that day, but had understood all along
that it was Van Alstyne who Deitz
was shooting at.
A st. Paul Gun Exnert.
The name of the St. Paul gun ex.
pert who will testify in Mace Of Can