The Washburn leader., 1913-06-27

shells were in the rifle, but he
J, was sure the magazine was full
but could not state positively
how many there were in the mags
zine. The same shells were shown
him again, and when asked whetb
er or not they were in the same
cond. ton as at the inquest he wat
mot sure. He thought that one
in particular might have been NOR
lbattered than at first. He said
that when he examined the shell
at the inquest, the shells were
not as bright as some other new
shells he had seen. He said that
at the inquest one shell was bat
tered trifle and he called atten.
ton of the other MEMBERS OF
}! the jury to that fact. He did not
know for sure whether or not
other Of the shells were batter
ed but he was sure OF the one.
In cross examination he told At
to1ney Lawrence that slight
blow would batter the points OF
such bullets, and that should the
gun lock in receiving the shefls
even the brass might be battered.
Harry Whal, who had known
Anderson all his life, said that
when they were boys and went to
school together in Washburn, was
sworn in by the defense, and said
on the stand that on Sunday he
had joined Attorneys Nelson and
INetcher for the defense and with
Joe Mann, had gone out in the
couL try and during the afternoon
they stopped at the farm Of Q. "a.
i Carlson, some ten miles from Was.
burn, and while at that place
they had several experimental
sho:s with CarIson's rifle which
4 WAS 80 Winchester Special, such
as the one as had been exhibited
lin court as the one which was
used in killing Mr.. Funk. He salt
that Carlson did the shooting and
identified several sheets OF pa
per that had been shot through
with the same kind Of a bullet
as found in Anderson's private
den. These slips of paper had
been fired Through at distance
from six inches to three feet.and
showed the bullet hole as well
/ as the powder marks. Harry
identified all of these slips OF
paper. He also told Of two shots
being fired inside Of Carlson s
house when the door was slight
ly open. He said that in both
il stances the shots fired inside
gave sound to those on the out
side Of a quick, sharp report. HI
said that Attorney Nelson for
' the defense, fired the two shots
inside the house, and also said
! that after each shot was fired
during the. afternoon for an ex.
pertinent, the gun had been clean
ed thoroughly. "a
Z Attorney Bangs then put Mel.
!, lsOn on the stand and he told OF
the character of the building in
,1which he fired the two shots. Will
: inside.
l G.. A. Carlson then testified OF
, how these parties Of the defense
Z had come to his place on Sunday
unaware to him, and as to how
6 most Of the shooting with the ex-
ception of the two shots fired in
the house, which he described ha,
ing a quick, sharp report. He
said he had known Harry Whal
!, for 20 years, and he largely cor.
I robrated testimony offered by
4IWahl. He also told that there
i, would be. some smoke left in the
], ,!breach Of the gun after the. shells
.;Iwsre extracted, and alsos said
4 there was some odor in th room
|, Iof his house for 50 minutes after
I the shot was fired. He identified
the slips of paper, though the
j, cross examination caused him too
admit that he recognized the
!, distance from which each shot
: had been fired by figures onstop
of each sheet. He said that he
!, furnished the gun for the expert.
ments but that attorneys for the
i defense furnished the shells. He
also admitted, athe experim menta
i Of Sunday were conducted under
!, the difestion Of Attorney Netch;,
iaer. He said the coming Of the