The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1913-06-27

testimony but he did ask the
jury to decide the case upon the
written record. He also called
to mind the testimony Of August
Wahl who heard the shot, and
also Of Ludwig Peterson and to
both Of them it had q loud dull
sound. They did not say it had
the crack of a rifle.
MI. Lawrence did not believe
the jury could sit through that
case and not conclude whether or
not the witnesses were Telling
the truth. It was not necessary
for him to dwell upon the fact
as to whether or not witnesses ha
been bought. The Jury could
figure that out as they considered
the case.
He tok upo the course Of the
bullet and while he regretted the
probe had not been as thorough
as it should have been, but when
it was considered that Funk was
picking up his child that had
fallen the course of the bullet
would have taken the course it
had and that it could have
easily DETECTED sufficiently to
have struck a point where it was
found over tn eice box in the
shed.
He said the witnesses Walcker
and Fahlgren had been introduc-
ed to show the illfeeling Ander-
son had for his employer and was
surprised that the remarks those
two men had heard the hundred
dollar a month clerk make had
been the occasion for the .oppos-
ing counsel to say those things
counted for nothing. He was
surprised that Mr.. Bangs had
thought that Fahlgren had been
bought. He asked the jury if
they had seen anything in his
conduct since he had been con-
Quoting this case that would lead
them to think that there had beer
any such corruption, and that
the jury had but to look at FAIL
gren on the stand totell whether
or not Fahlgren had been bought
And besides, he had not "rnu
out of town." When Mr. Law
renee referred to the fact that
Fahlgren had refused to go to
the Jail when Anderson had sent
for him, Mr.. Bangs entered an
objection, and there was some
thing of a tilt between the at
torneys about going outside the
record. Mr.. Lawrence %continu-
ed and said though Mr.. Bangs
had intimated that Fahlgren had
been bought, his testimony had
been impeeched, and there was
every reason to believe that his
testimony was the truth.
Another strong point Mr.. Law
renee brought out was the fact
that when Anderson was told
over his fence that Funk had bee
shot, that he was dead, all And
derson had said, and he repeated
several times, "Funk dead?"
"Funk dead7" Mr.. Lawrence
said he did not ask how he had
been killed, and if he had been
an innocent man his first ques-
ton would have been to have
asked how it all happened, and
how he had been killed.
Mr.. Lawrence said he had sur
rounded the entire premises with
circumstances and there was
nothing to show that if it was
not Anderson who shot Funk no
one seemed to get away. He
said the expression of Anderson 3
face that. evening: after the muir
asr were. the marks. Of Gcainsilp.
"a hie barow,sandm many % Che
witnesses had said they had
never seen such a look on his fac
before.
Mr.. Larence said he would not
take the time he had intended
but would hurry his argument to
prevent delaying the jury. He
thought thesremarks that Ander-
son had made to Sattler, when
he said, II shouldn't done it
/ shouldn't said it, were aprac-
teal confession. There were
facts enough ste out to prove
THAT Funk had not been shot by
any ghosts from over the hills.
The actions Of Anderson at the.
supper. table that night should be
taken into consideration, and he.
had set out enough other facts
and circumstances to fasten the.
r,,:1 $685. <h;r 4 afn,,do,, ond