Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-17

same character as that which produc.
ed the wound which caused the death
OF Mr.. Funk.
Unnatural Condition Of Mind.
1t will also be shown to you, gen.
tlemen, In connection with these
facts, the fact Of Mr.. AndersOn's pres.
'ence alone in this house and being
possessed of the mean by which this
death could have occurred. and being
possessed Of the very same Kind Of
a gun which could have caused this
wound, so conducted himself during
the time imediately following the
shooting OF Mr.. Funk that it indicated
clearly In the minds Of all who saw
him, an unusual and unnatural con-
ditiOn OF mind; that such manner and
conduct was so apparel Is TO be pro.
duced to You as proof of the fact OF
Mr.. Anderson's connection with this
transaction, We also expect to show
you, gentlemen, that a number of wit
nesses heard the sound OF this shot,
that the nature of that sound was
such as to indicate clearly that 1t
was not a shot In the open air from
a rife, but a the discharge of a
gun within a house; that the sound
was entirely different than the sound
which would appear from a rife shot
in the open. ..,"
H.a No One Seen to Leave.
We also exeptce to show you, gen..
tlemen, that there were witnesses 50
situated about these premises that
they had almost a complet and per-
feet view of both the Funk and An.
dersOn houses all the way around, SO
IL any person had been seen leaving
the premises these witnesses in some
direction would have seen him. We
also expect to show you, gentlemen,
Notwithstanding the fact that these
two gentlemen had been in this bank
for some time previous together, that
their relations had changed somewhat
from what they had been at first, and
on the part Of Mr.. Anderson there
was not the friendly feeling toward
MIR. Funk which one would naturally
assume from their business opera
tons together, but on the contrary
there was a mOst unfriendly feeling
on the part of Mr.. Anderson toward
Mr.. Funk. and It was such a feeling
as could naturally eliminate In Il
scene like this as to the death of Mr..
Funk.
Asks for Conviction Of Defendant.
Now. gentlemen, II we show to you
these substantial facts, with other
facts and circumstances which | have
In mind, and am not required to state
at this time, and show, to you that by
the elimination Of other means, and
show to you by the course and direc-
ton Of this bullet and the means
which this defendant had, and the
preparation, the fact that this crime
could not have been committed by
another individual, the state will ask
You upon that evidence to determine
that the party guilty of this crime
was the defendant in this action.
W. G.. Green, having been appoint.
ed as n Of the official stenogra.
piers in the trial of this action, was
at this time duly sworn.
Anderson Brought Into Court.
Seated in the court roo this morn
ing when the accused, Anderson, ,ap-
peared with the deputy sheriff, was
his father, mother and two sisters,
Hilma and Florence, and his brother,
Emile Anderson, the county treasur-
er. Just before the proceedings COM
menced, AndersOn's wife, accom
panied, entered the court room and
took a seat alongside of the Anderson
family, directly behind her accused
husband. She seemed the most con-
cerned of all, and at times read the
account Of the case from the Bis
marck Daily Tribune. The accused
was apparently not moved by the tes-
timOny and showed no signs of weak
ening.
ADD MURDER STORY 9O$. ,.... S..
Tears in the Court Room.
During the murder case the only
time Mrs. Funk displayed any notice
able emotion was when on the wit
ness stand she recalled how her hus-
band had walked through the house
and remarked to his wife regarding
the little child playing in the yard,
that "She loves to be outdoors" With
that statement, Mrs. Funk's counten-
ance WINGED somewhat, but she kept
back the sobs, though there were
many in the crowded court room, who
broke into tears.
Joe Leach, the young steamboat
captain, was next called, and he testi-
fled as to how he was just passing
the Catholic church when he heard
Mrs. Funk call for help, and how he
went to her home and, with Attorney
Madden and Clerk of Court Hansen,
carried the body into the bedroom.
Describes Course of Bullet.
DIR. Sawyer was on the stand for
over two hours and told how he had
gone to the Funk home and examined
the body and the bullet wound. Mad
den, about the same size man as
Funk, put on the coat and vest of the
man had worn and showed
to the jury how the bullet had passed
through the body over the right nip
pie, to where it made it's exit in the
back, about an inch and a half from
the shoulder blade. Attorney Bangs
asked the witness as to the course of
the bullet wound and as to what kind
of a bullet it was.
Positions Of Residences Outlined.
Former State Engineer Atkinson
filed notes he had prepared the day
before the trial started, which out
lined to the iNrV tho nOcitioo ~ tho