The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-25

s@~ ~ ASa@As
some of the time three. After Gala
han had left the stand and gone to
the rear of the hall ne was recalled by
Attorney Bangs, who asked him as to
whether or not his friendship for
Anderson would influence his testi-
mony and Callahan said it would not,
Attorney Lawrence retorted that he
didn't suppose he would be foolish
enough to admit it il it did. Loud
during which time Anderson remain
ed unrnoved and his countenance did
not change.
The defense then swore in a steam
filter by the name OF Howard Miller
from the firm Of Grambs e. Peet of
Bismarck, who said he had worked on
the heating plant of Anderson's house
during the month of January and the
radiator box in the basement under
the den had been open all winter and
that a hole had been cut in 1t with
timers nippers n the sides of
galvanized iron bent back. 1t is
thought that box was introduced al
1t might have been the place where
the empty cartridge had been thrown.
1t Is also said that Attorney Lawrence
will refer to this In rebuttal and he
may show who found the empty shell.
Miller said he had closed the other
three radiator boxes during the winter
with the exception of the one under
the den. Miller said he had looked at
these boxes on the Monday Funk was
shot and all of them We're found in
exactly the anne condition as when
he examined them In the winter.
Ed Ritnour, a farmer linving ten
miles out of Washburn said he knew
Anderson and Funk for a number Of
years and had seen them frequently
at the bank. He said he had been in
the bank on the Saturday before Funk
was killed, but Attorney Lawrences
objection as to whether Ritnour had
asked where Funk was, was sustained
by the court as being immaterial.
Rtt1our said that later in the day he
saw both Funk and Anderson in the
bank together. and his reply as to
whether there was anything III Of the
ordinary In the manner of either
which was objected to by Attorney
Lawrence was also sustained by the
court as being immaterial. He did
say, however, that there was nothing
Unusual in the name of Funk.
Charles Findley, another farmer who
lives fourteen miles from Washburn,
and who has been here waiting for
jury duty, on the stand said he had
known both Funk and Anderson in
the bank together and had often no
ticed the demeanor of both men. He
a been in the bank about noon
or the Monday when Funk was shot
and at that time Anderson was alone.
He was in again in the afternoon at
1870. Attorney Lawrence objected to
MIN stating that there was nothing
unusual in the n of either men
but he was overruled by Judge Craw-
ford. Ffndley intimated on the stand
that he thought there had always
been a friendly feeling between the
two men. In cross examination At
torney Lawrence succeeded in having
Ffndley admit that he had beer in
court during some Of the time while
the trial was in progress and while
he might have thought there was a
spirit of friendliness shown he was
aware as to nov enmity might exist
among the lawyers.
There was an occasional look Of sur
prise on the countenance Of Attorney
Bangs during the day at the
with which Attorney Lewrence seemed
to disregard the testimony of the wit
nesses put on by the defense and the
attitude OF Mr.. Lawrence by repeated
~ declining to cross examine, but
to those few he did cross examine his
questions were directed with vigor and
seemed to have a vital effect.
Many of the witnesses who pre-
Eiously testified for the state were re-
called during the day by the defense
and their testimony seemed to vary
somewhat from what they told when
first on the stand.
Ludwig Peterson, the pool hall pro-
prietor, recalled by the defense and
who was about the first to conduct
an examination OF the den in Ander-
sons home, said today that the green
shade was up about a foot and a half
when he examined the window, this in
face of the fact that a number of
other witnesses for the state Including
Clerk Of Court Hanson, had stated
that the curtain had been drawn down
to the opening of the window which
was only about three or four inches.
Even Peterson admitted this morning
that the window was open about that
distance.
Frank Thompson who had been
member of the coroner's jury, and
who is a hardware merchant and who
has handled special Winchester rifles
ever since they were put on the mar
ket, when he testified for the state
said that at the inquest he examined
the gun. and that 1t was a ten-shot
u but that it had only nine shells
and those were all In the magazine of
the gun, and that he removed but the
nine shells and put them back in the
gun. When first on the stand he iden-
titled the shells.
Yesterday when recalled by the de-
Tense he said he could not state def
nitely how many shells were In the
rifle. but he was sure the magazine
was full but could not state positive-
ly how many there were in the maga-
zine. The same nine shells were
shown him again, and when asked
whether or not they were in the same
condition as at the inquest he was not
sure. He thought that one in par
ticular might have been more batter
ed than at first. He said that when
the shells were not ais bright as some
other new shells he 1ad seen. He said
that at the inquest one shell was bait
tered a trife and he called the atten-
ton of other members of the jury to
that fact. He did not know for sure
whether or % other of the shells
were battered but he was sure Of the
one. In cross examination he told
Attorney Lawrence that a slight blow
would batter the points OF such bull
lets, and that should the gun lock in
receiving the shells even the brass
might be battered.
Harry Wahl, who had known An
derson all his life and said that when
they were boys they went to school
together in Washburn, was sworn In
by the defense, and said ON the stand
on Sunday he had Joined Attor-|
neys Nelson and Netcher for the de-
Tense and with Joe Mann had gone out
In the country and during that after
noon they stopped ait the farm of c.
"A. Carlson, onle ten miles from Wash
burn, and while at that place they
had several experimental shots with
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