Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-24
Testimony for Defense Be-
quD 10 Anderson Case
Continued from Page Three.)

tCOIlLlIIuCu IlOAu j usG CC./
being a member OF The experimental
shooting party Sunday, and his testi
mcny was almost identical of that o
Carlson. He identified sheets Offered
as sample shots ana said as a matter
of identification he had marked hi!
initials on them when the shots wert
fired on Sunday.
Thomas Goethe, a Carpenter SAFE
he had done some work at the Ander
son residence during the month Of
March this spring, and that he had
taken off the storm sash from the
den window during the latter part Of
the month. and left it ieaning against
the house. But there was no testi
er or not the wildOW had been put
back on later. Witnesses for the
state earlier in the case had testified
that Anderson had told them that he
took off this sash himself the day OF
the murder. In cross examination
Goethe admitted that he had been a
member OF a camping party on Sun
day and though Harry Johnson, the
city marshall. and a cousin of Ander'
son, was in the party, he could not
remember that this case was dismiss
ed at any time while the party lasted.
He did not deny, though, that as a re.
suit Of an argument, two men had
left the patry broke up. Attorney
Lawrence asked him if there had not
L~1, .~ol {nnf ~c ~ - Z inn m rrsaI
on at the party. but Attorney Bangs
objection to that piece of testimony
was sustained. Goethe said he had
told other people about taking off the
storm sash in March. and that one Of
them was Harry Johnson, Anderson's
cousin. g..
NeIcher Called Again
Attorney Nelcher was then called on
the stand and told of the party in the
interest OF the defense going Sunday
to Carlsoa's place. and conducting
the experimental shooting.
Perry Vail, deputy sheriff, who had
just returned from a long trip in the
county, was called to the stand, and
said that OF the evening right after
the murder he had made an eXamina-
ton of the Anderson garage with Al
torney Madden. though Ludwig Peter
son might have been there also. Perry
said the door to the oil shed of the
garage had been left unlocked. He
also said that the opening leading 10
the attic in the garage was large
enough to let a nan pass through.
The evening Of Fnnk's murder was
warm and quiet. .''' Dn'
Defense About Fihished
A, this j%uncture ,Attorneyc Bangs
said that while the defense was about
finished he did aot like 10 rest his
case then. and it was said that the
lawyers for the defense were making
a careful search for more witnesses,
that they might be called today 10 aid
Anderson's side of the case. There
was considerable speculation last
night as TO whether or not Anderson
would take the stand today in his own
defense. When last seen his law
yers were in doubt as TO that. Ander-
son has been attentive during the day
to his wife, mother and sisters, and
maintained perfect compositure
throughout. 1t is expected that the
defense will finish Tuesday forenoon.
and that the rebuttal OF Mr.. Lawrence
will be finished III time today TO per-
init the final arguments to- start.
Though some surprises are expected in
rebuttal Of the state Witnesses. There
was a heavy rain and wind storm
early last evening and it is hoped to
cause cooler weather to prevail today.
The first interesting controversy
between the legal giants in the case
wherein Walfred Anderson is being
tried for the murder Of Cashier Funk
occurred Monday morning, after At
tOrney Bangs, for the defense, had
recalled to the stand Ludwig Peter
son, the pool hall proprietor, who had
testified for the state that he had
gone to the scene of the shooting
soon after he had heard the shot and
had been Informed of the death Of
Mr.. Funk. Peterson said that he went
TO the Funk premises by going over
the street fence in front OF the Funk
residence, and that he met Anderson
there. He said that he spoke to An
dersOn and asked him as to the con-
dition of Funk.
State Objects.
At this juncture Attorney Lawrence
for the state offered an objection to
the effect that the question was in
material and incompetent. Judge
said that it wouldn't be in
competent unless in contradiction of
other witnesses. When the attorney
said it vas the very conversation in
CURED Of by the state, Attorney Law
renee replied that there was no testi-
mony Of Mr.. Peterson of any con-
v%ersation with Anderson outside OF
the house. The court said 1t couldn't
recOllect that he was inquired of
about this conversation at all, and un
less he was inquired of about this cor
versation the attorneys could see that
it wouldn't be competent.
Objection Sustained.
After talking to Attorney Netcher,
~ - AN-L - " 49,