Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-22

screen had not been removed. This
screen was not on the den window
the night Funk was shot.
photographer DeGraf Called.
Photographer DeGraff was ther
called to the stand by Attorne,
Bangs. The defense had had the pho
tographer take a large number oi
views surrounding the premises Of
the two homes in question, and as
had been called attention to by the
state. though these views had taken
in observations as far back as Ovel
the hill beyond the Congregational
church, it seemed the camera in ev.
cry instance had been focused on the
back shed door of the Funk residence.
DeGraff included in his testimony
the fact that in taking photographs
for the state he had been directed by
Assistant States Attorney Madden,
and that when he had taken the views
for the defense they had been taken
under the direction of Attorney Net.
cher for the defense, and that These
attorneys had directed where he
should place his camera.
Witnesses HeCdjJeU.
For the sake of Identification some
Of the states Witnesses, including
Johanna Schulz and May Nelson, the
two young girls who were across the
street in front of the H%augeberg res
idence, at a point directly between
the Funk and Anderson houses when
they heard the shot fired, were re-
called.
Mr.. Netcher on Stand.
MI. Bangs placed his associate
counsel, Arthur Netcher, on the
stand. who testified that he had taken,
a kodak picture from inside the An
derson garage. This kodak picture
also gave a view Of the Funk shed
door. After a question from Attorney
Lawrence. Mr.. Netcher stated that he
had no tripod, but held the kodak in
his hands as he took the picture.
Court Adjourns Till Monday.
1t was nearing the noon hour by
this time. and Attorney Eangs stated
that, in view of the fact that the de-
Tense had ended it's case so much
o than expected, he would move
that court adjourn at this time till
Monday morning. Mr.. Bangs said
this would give him an opportunity to
gather the witnesses for the defense,
and while he regretted keeping the
jury confined longer than necessary,
he would more than make up for the
lost time. Judge Crawford permitted
Mr.. Bangs motion to prevail, and az
ter admonishing the jury as to its
solemn duty during the recess, he an.
nounced that court would stand ad-
journed till 9:45 Monday morning.
In opening his side of the case, Mr..
Bangs surprised the spectators by the
briefness of his remarks, which rel
as follows:
IF the court please, Gentlemen of
the Jury, as Mr.. Lawrence explained
to you when opening the case for the
state, it has become customary for
the attorneys, before presenting their
side of a controversy to make a very
brief statement to the jury Of what
they expect to prove.
"Of course. the necessity for such
a statement is much greater in some
cases than in others. If you have a
case where, for instance, the defend
ant depends upon a great mass of tes-
coming from many different
and involving a great many
different facts, then it would not
only be proper, but it would be quite
side of the case his counsel explained
10 the jury what each witness would
to, that is, what material fact
each witness would substantiate.
Il don't mean that we would 60 into
long recital OF the evidence itself,
)ut simply to show to you what each
Hitness-what material fact each wit
less would testify to, so that as the
.estimony was being introduced you
night see its relevancy to the other
estimony that either had been intro
luced or was to follow, and get all
hose pieces in M complete piece. &c
But there are cases where it seems
'uite unnecessary to 60 into such a
discussion of the facts in
opening for the defendant, particular
y cases where the defendants testi-
nony will be limited to a few wit
lesses, or where tt testimony of the
in a criminal case, for, instance,
las in itself supplied all of the de-
ense' that is really necessary. In
UGH a case, it would not be right for
he defendant to enlarge to any great
.xtent on the testimony, because it
night be called arguing the case in
of it's close. So, as ! say,
here are different kinds of cases.,
for diff erent ways in respect
o the manner Of opening the case to
he jury. 81 ia.,' e..
"Now, in this case, our testimony
will be very brief. There will be but
witnesses; some witnesses to ex:
,lain to you what the sound was that
vas heard by them on the occasion OF
he shooting of Mr.. Funk; some wit
lesses to explain to you and show to
,ou that they heard that sound that
las been defined as an explosion by
of the witnesses before you,
md that to their ears it was the
sharp, quick crack of a rifle. .-s
"Now, it would be foolish for me
o take up your time, because ! know
YOU gentlemen want to get out of this
md out of the charge of the bailMs,
and it would be foolish for me to go
over the number of witnesses, or who
they are, and just what they will
swear to. But we will show by some
witnesses that We will put on before
YOU that that rife shot was heard in
different parts of the city of Wash.
burn on that night, by men, not girls, |