Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-25
he was excused from giving it on the

he was excused from giving it on the
stand" N. II,
Mr.. Bangs recalled how he had gone
into the bank on Saturday and asked
the question where's Funk" He
said that Walfred remarked that yes,
the son OF a b. ought to be shot;
that's the best i can say for the son
of a b." The attorney stated that
as sooa as Fahlsren had spit that out
on the stand he had run out of town
and why? asked Mr.. Bangs. Because
he had been brought to give that ties,
t!mony and ! could almost point to
the spot where he got that testimony,
and who prepared the witness and |
could almost say who bought him."
Calls Testimony "Perjury"
Eu nitnour had been in the bank
the same day as Fahlsren and had also
asked where Funk was, but according
to Mr.. Langs Anderson had made no
such reply as Fahlgren had stated.
Ritnour had known Anderson for
years ald he did 10 notice anything
unusual with his conduct that day.
THAT testimony. OF Fahlsren was
nothing but 'damnable prejury', said
Mr.. Bangs, "alu gentlemen OF the jury,
he came here ald tried to hang a man
he had known, for years by his lies"
Such men as j. r. Mccullough, August
Johnson and Karl Kline, all directors
OF the bank, have inown Funk and An
derson for years IN the bank. Bust.
ness men of this city in and out OF
the bank every day depositing their
money there had known these two
men through their years of association
and not one of them have told of any
indication of feeling between them.
Do you respect this man Fahlgren, who
had been brought in irom the coun.
try, ana as soon as he shot out his
vile venom he Immediately left town.
There has not been a man" cor
tinued Mr.. Bangs, 70 intimate there
had been any trouble. August Wahl
the postmaster and a pioneer, had
never noticed any trouble. But a
motive vas imperative and after these
years the only man they could dig up
was Fahlgren. Are you. gentlemen of
the jury, going to take his testimony
which was enough to damn all the
other testimony the state did pre-.
Hent?" r"''. .,
Quoted Bible Passage
In the opening the case TO the jury
for the prosecution States Attorney
Mannael quoted the bible passage
from Exodus "Thou shalt not kilp',
and he continued by saying that 1t
was today today necessary that the
law be enforced that the people might
be protected. That the officers for
the state had no feeling in the matter
other'than to protect the people. He
outlined what he said the state had
proven. The story Of this crime, he
said, was simple and that all the facts
pointed to finding the guilt on this de-,
fendant. z~S1, ,a;a Il @H.
Mr.. Bangs; was about half finished
when the court adjourned to $50 for
the day and it may be near noon be.
fore he finisheS today. isSoma interest,
ing featuresAsals Eawaited when Attor-
ney Lawrence argues f0r, the rebuttal.
AS Judge urawford's charge will be a
lengthy one. it may 9e 5late this even.
ing bcfbre the Jury retr6s. TUday
will be AN Interesting one and 1t IS
expected the, court room will be pack.
ed.
Preparing Charge for jury.
Upon motion of Attorney Lawrence
at 1890 Tuesday morning, Judge
Crawford granted that a recess be
takenstill 2 O'Clock in the afternoon.
to permit the attorneys. to prepare
lstheir defense. Attorney Lawrence
4 stated that both he and Mr.. Bangs
had been busy gathering witnesses,
and said they would be better prepar.
ed to present the case to the jury II
a few hours time were granted.
Judge Crawford commenced prcpar-
ing! his charge, during the recess and
it will no doubt be a lengthy one, and
probably will not be delivered to the,
jury till some time today. o..
When court opened Tuesday morn
ing Attorney Bangs announced that
the defendant rested, and Attorney
Lawrence commenced the rebuttal.
!iTestifies in Retuttal.. e..
~ AHuJOT ucUIScr W. bItS6 VI udIIf
son testified that on Sunday, with
others, he had helped conduct some
experimental shooting, under direc,'
tion Iofattorneys for the prosecution.
This experimental shooting was con-
tinued at 6 O'clock Tuesday morning,
at which time A. 3. Chaplin, the aged
bulletSexpert from st. Paul, was pres.
ent. 81 ..E. ...#a.~
More Experimental Shooting. i.
They went to sanSN unoccupied house
about sliie miles from Washburn, and
went into a. room about IL feet
square. Tho room vas closed tight
ly with The exception%of a small open.
ing ofAn window, through which Gregg
did the, shooting. Gregg held the gun
for the first shot over the window
sill and discharged the rifle, which
was a 80 Special Winchester, and
while Karl Kline was in the room.
Those who chad been left outdoors
came an Immediately, but could de.
tect no odor, d burnt powder, neither
were there any powder marks on the
window sill or any part of the window
frame, The same condition existed
when. two more shots were fired from
the inside.
Slight Odor Detected.
Then, when alone in the room,
Gregg fired five shots out through the
| uyindnuy IN ror3d cu0npSciON nYtrcnt-