The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-11-06
Accidental Shooting, as Well
as Justi6able Homicide,
Will be Pleaded.
ACCUSED'S WIFE
ON THE STAND
Recites Alleged Quarrelsome. DISPOSE
tion' OF Tony Pollman, and Declares
He Made .Advanccs-Constant Trou.
bic While Working on His Farm.
(By STAFF Correspondent J

Wy iOIdn SOTT0SQOnQeHl.)
Lakota. N. D.. Nov. 6.-Two the
cries will be worked out by the de-
Tense in the John Davis murder case.
They are accidental and justifiable
homicide. and both were outlined by
Attorney Samson in opening the case
for the defense this morning.
|, Mrs. John Davis, wife Of the man
accused Of numbering Tony Pollman.
was the first witness. She testified
relative to the alleged .quarrelsome
disposition of the shooting victim, de-
claring that while she and her hus-
band were employed on the Pollman
farm, that Tony had almost constant
trouble with them or with his brother.
Attempted to Kiss Her.
On one occasion she said Pollman
attempted to kiss her. while on anoth-
or occasion she says he did actually
kiss her. :
She also testified with reference to
other alleged advances upon the part
OF the shooting victim. her story, COW
efing thesentirc time that she and her
husband were on the farm.
This afternoon the witness was led
up to the story Of circumstances i'm
fmediately preceding the shooting, and
she said Pollman had been abusive.
and that she had appealed to her hus-
hand for protection.
State Ends Case. Hurriedly.
The case Of the prosecution was
completed this morning, the last wit
ness put on by the state yesterday be-
ing cross examined, such examina-
tion leading up to the. opening state
ment by the defense. ~
The first witness to be called by the
state was Dr.. Lohrbauer, who stated
OF examining the Body, the position
OF the wound and that the bullet had
caused Pollman's DEATH. \.
Eyewitness Testaftes.
F. G. Schaible. an eyewitness to
the shooting, was the second witness.
bass his Dhotegraph Eallery, which
about 200 feet fconaathS- Davis hons.
Eolitnan walked to the Davis home
and stood on the yeranda. Davis
soon came out, he stated, and started
to talk in loud tones. to Pollman: He
could hear their voices. but was not
especially interested and did not dis
4hs amy Ct sss v0d' ssssSe:
then became involved In q. heated ar
sument, and after a little skirmisliing
about the porch he saw. Davis shoot,
He stated that Pollman. dropped and
that he thought that he had been
killed instantly. Il. =
Mrs. shorey Testlfies.s
The nextto be called to the stand
was Mrs. Shorey. who lives next door
to the Davis home. She, stated that
she had been out in the back yard,
and heard considerable noise at the
front Of the Davis home. She ran,
according to her testimony. to the
front of the house, which was only
16 feet from the scene Of the shoot
ing. and heard Davis tell Pollman to
leave. which he refused to do. Then,
saying. GO away or will shoot" "
Pollman answered, she claims. with
"Shoot II you dare" -.
Dared to Shoot. as&.
Damn you, will shoot" 1t is
claimed that Davis replied. II dare
you to-" Pollman answered. accord
Pollman made a lunge for Davis. and
attempted to grab his right hand. in
which he was holding the revolver.
Davis. she said, had his hand down
low. near his hip and: shot from that
position. -
Boy's Story Similar.
Alfred Thai. a 14-year-old Lakota
boy. was the next witness. He was
standing near the Davis home and
heard q good deal Of the talk. and
gave practically the same testimony
as Mrs. .Shorey, though there were
a few points differing. The bullet
ard revolver. which is 3s-caliber
Iver johnson. were shown as evil
deuce. The gun had four loaded
bullets, and one empty shell was
found in it. st.,'
The last witness to testify for the
state yesterday was D. H. Hullett.
who came there Immediately after
the shooting, and while Davis was
still on the veranda and Pollman was
lying on the ground. Hullett stated
that he asked. What is the matter
here?" He said that Davis replied. "I
did not mean to do it," Hullet would
not let him 60. and asked him for
the gun, but would not let him 60
into the house to get 1t, but Mrs. Da-
Wis. who was weeping, went in and
procured the revolver and gave 1t to
him. He, then stayed with Davis un-'
til he was iplaced In the city Jail
and was later taken to this city and
nut T., tho Grand Forks county Jail
aa>oe-a