The Fargo forum and daily republican., 1913-08-15
MANSLAUGHIER
HEARING TODAY
PRELIMINARY HEARING OF THE
STATE VS.. JOHN koNDILES, A
GREEK, TOUCHING THE DEATH
OF LESTER AYRES AT OIL
WORTH.

The manslaughter case of the state
VS.. John Kondiles, from Dilworth, was
called before Justice Torson in the
large room of the city hall this morn
ing and was in progress when an ad-
journment was taken for the noon re-
cess. e..
County Attorney Dosland appeared
to prosecute and Attorney Rustad, of
this city, and Atty. Seth Richardson,
of Fargo, were retained to defend the
prisoner Mr.. Sharp, local counsel, was
present to watch the interests Of the
Northern Pacific. Mr.. Hagen, district
court reporter, took shorthand notes of
the testimony. The prisoner is youth
full looking and appeared unconcerned
over the grave charge which he is call
ed upon to face -
The only witness examined this
morning was Clarence Whittimier, a
chum of Lester Ayres, the young man
who Is alleged to have died at Brain
erd hospital from the effects of beat
ing said to have ben inflicted by the
defendant, Kondiles, in the roundhouse
at Dilworth early in the. morning of
July "a, the victim dying about two
weeks after the assault.
AlIIIlllSI was llESL Dy
the county attorney and made a clear
statement of all that took place in
connection with the assaulting of
young Ayers, the latter about II years
Of age. The witness was searchingly
cross examined by Mr., Richardson,
but in no material way was hit able
to shake the story told by the wit
ness. 49,"
1t appears that Ayers and Whitti-
m1er were not, at the time in the en-
ploy of the Northern Pacific, at the
time of the assault although one of
them had been. a short time before. In
brief the evidence was that Ayers
and Whittimier On the morning in
question had been sleeping in the cab
of an engine which was standing in
the roundhouse and although they
had no business there they were not
disturbed. 1t is alleged that during
the early morning Kondiles was en-
gagged in putting water in the engine
referred to and the noise woke UP
young Ayers. The latter thought it
was his chum that was "monkeying'
about the engine and he told him he
would get into trouble. Kondiles an
sWered back sharply and words fol-
lowed, Ayres was struck. by the de-
fendant and during the scrimmage
Ayres fell on the rail Of one of the
roundhouse tracks as he was running
away from the blows of Kondiles. The
testimony alleges that Ayres was kick
ed by the defendant during the. time
he was PROSTATE.
In answer to a question by Mr.. Rich
ardson the witnessWhittimier said
that he took off his coat and vest and
told the defendant that he would lick
him for what he had done to Ayres If
he came back. Did John come back?
asked Mr.. Richardson, Bet your -
life he did not come back answered
the witness. After one or two ques-
tions as to the location of. the tracks
In the vicinity where the assault Is
said to have taken place, by Mr.. Sharp
Justice Torson ordered the prelimin-
ary hearing adjourned until 2 o'clock. .
Small Fire Last Night. H.
The fire department was called to
the home of Tom Berrigan last even
ing, shortly before 7 o'clock. The
blaze was quickly extinguished, but
not before some slight damape wo q