Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-25
the jury was going to base a verdict
on that kind of testimony.
Appeals to the Jury,

SHOULD the life OF Walfred Ander.
son be forfeited to the state OF that
kind Of testimony. when so many
witnesses had said they though he
had been blasting to plant trees?"
Would you, Gentlemen of the Ju.
~, want to be hung on that evi.
dence" a.
Suppose your boy was being tried?
Are you going to say Walfred And0':
son did it on that kind Of testimony"
With these remarks by his attor-
ney, Anderson Vas again deeply at.
fected and wGs ag.ln crying.
Mr.. Eangs continued to dwell upon
the testimony Of these Sound wit
~nesses as they had been offered BY
the state. He reviewed the testimony
Of Irene Hougebrg. May Nelson and
Johanna Schultz. who said they heard
the report and were busily engaged
with their girlish affairs and they said
they thought the report was In the; vi
entity of Anderson's house and they
thought it was a charge fired in blast.
ing for planting trees. for they knew
Walfred was in the habit of blasting.
Sheriff's Movements Slow
Percy Vail. the deputy sheriff, Mr..
Bangs said, heard the shot while he
was sitting in the garage at the coun-
jty Jail. and even though he was an
officer Of the law, did not pay any at
|tentlon to the report till Mrs. Simons
came out of Jail and called Parry's at.
|tention to the fact that some one had
been hurt at Funk's, and when Perry
went down there he searched Ander-
sons garage and then searched the
basement Of the congregational church
up on the hill. The attorney then re-
minded the jury that they must keep
the facts and circumstances clear be-
fore them before tn V convicted the
defendant and the jury should be a Il
tious in debating this case.
Madden's 4 Testimony Weak
One question in this case, said Mr..
Bangs, was thatif Anderson had fired
the shot where was the empty car
tridge-the cartridge that had been
found. Tom Madden, Mr.. Bangs said.
thought the shell could have fallen
down the register pipe in the den and
that when Madden searched the base
ment the box vas intact. But Mr..
Bangs said Madden had been mistak.
en- and in view of such a mistake,
"For Gods sake, gentlemen of the
jury, consider the case cautiously. You
have a great responsibility. The life
CT Walfred Anderson is in your hands.
Don't be hasty." With these remarks
the Andersons were weeping again.
Many Had Different Views
Mr.. Bangs then review how Victor
Anderson and James Roo4H Flint
ley's barn hearing f!1he shit S3nd
thought it was a miifled f4tpslSn;
how Joe Olson, also a deputy sheliff
was at his home and when he though,
it was from the west said it sounded
like an explosion. August Vail, the
postmaster, and a pioneer of the town
heard it, and thought it was a gul
shot but did not locate it, Callahan
the auto man, was on the street, aAt
ffhe though it was~aair explosion Of /
gasoline engine back Of the Schultz
house. Ludwig Peterson had heari
it while he was back of his pool hal
and he thought it vas a rifle report
on the hin. These all men, sale
Mr.. Eangs, and were all in the oper
when they heard the shots. ~.
Where did the shot come FROM
he inquired. ranltSA Ito1f'
THE witnesses have ynot, told iyou.i
Sound Depended on Distance.
Emil Oberg and c. AI2Carlson has
testified that the sound depended OF
the distance from which the shot
might be fired, anu though the state
Mr.. Bangs said, had starred such ex
perts as A. b. Chaplin and Major
Gregg, who only that morning had con
Quoted some experiments in shooting
did not contradict the testimony OF
IOberg and Carlson. The next effort OF
Mr.. Bangs was to establish that there
was no telling which way Mr.. Funk was
standing when he was killed. The ties
tiinony had shown THAT he had come
home from down town about supper
time and that he had walked through
his house and that it would be but
natural for him toltwalk to the real
where there was atclos2t.
Funk Still Moving
The Testimony had also shown thai
Hilma Fahlgren had rushed to the
back door to pick up the baby whe.l
she head the shot and that as she
stepped out Funk was still moving OF
stepping about, and MI. Bangs thought
he might have been facing another
direction from the east, as the state
would fix his position on the platform.
He might have beel facing the north,
thought Mr.. Bangs, and as he was go,
ing to the closet the shot that killed
him might have come from off the
hill. He then drew pencil sketch
for the jury to show that it might
have been possible Tor the bullet to
have pierced his body from that d.
~rection and retracted to where it was
found on top of the ice box in the
shed. t.,
Recalled Chapin's Story d,
For an illustration he recalled how
the bullet expert, A. B. Chaplin, had
told of how a bullet he fired at one
time had deflected from a tree and
killed a deer. which he had not seer
till after it was killed. Mr.. Bangs
thought it impossible for the shot to
have been fired from Anderson's win.
dow and have killed Funk after the
bullet had struck his SHINE. which Mr.