The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-24


prosecution and the defense had
finished offering testimony in the case
against Walford Anderson charged
with the murder of Cashier Funk at
1880 a. M this morning and upon
motion of Attorney Lawrence, for the
stats Judge Crawford granted a recess
until this afternoon to permit the at
torneys to prepare their arguments.
States Attorney Maennel, will make
the opening argument to the jury in
behalf of the prosecution and will be
followed by Attorney Bangs in defense.
Bangs argument will be a lengthy one
and he may not finish until tomor-
row.
After the argument of Attorney
Bangs the state will arg ue in rebuttaI
and that argument will be by Attor-
ney Lawrence. Judge Crawford has
commenced to prepare his charge to
the Jury and considering the nature
of the case the charge will be a
lengthy one.
With the opening of court this morn
ing Attorney Bangs for the defense
announced that the defendant rested.
ATTORNEY Lawrence's rebuttal called
& Maj. George Gregg to the stand who
testified that Sunday afternoon and at
6 O'Clock this morning he had been a
member of a party that had gone to
the country five miles and conducted
some experimental shooting to contra
dict similar evidence offered yesterday
. by the defense. Gregg said he did
the shooting this morning from the in
side of an unoccupied house and after
several experiments could not detect
any odor OF burned powder in the
room until nearly ten shots had been
fired within the room which had been
closed except small opening of the
window through which the shots were
fired. The muzzle of the gun had
been held Just above the window sill
and though a search was made no
burned powder marks could be found
on any part rf the window sill. A. B.
Chaplin, the aged bullet expert from
St Paul was member of the party
this morning and testified that he had
helped make the experiments and that
no odor could be detected in the room
sWnen q, the .hrst three shots were fired
and that 1t was not until Gregg had
fired five shots in rapid succession in
tha room that any odor could be de-
teeted. Other members who stood at
different distances from the house
while the shots were fired from the
room testified that the report sounded
something like an explosion and that
1t carried a. dull sound, while the shots
fired overhead had quick cracking
report.
Hilma Fahlgren, FunlS's servant girl,
was called to the stand again this
morning and testified that she saw
the carpenter remove the storm sash
from the Anderson house early in
March when the room was painted.
but she remembered seeing him nut
the sash back In the window after
wards.
With her testimony the state rested
MRS, Funk and her 2-year -old child
which Funk was about to pick up In
the yard when he was mysteriously
murdered, accompanied by her servant
appeared in the court room this morn
ing Just as the proceedings opened
Anderson, the accused. looked fresh
this morning after q nights rest and
maintained his same perfect COM
posure
The rumor was circulated this morn
ing that he would take the stand in
his own defense. But there seems to
have been a change as to that.
Resume OF Monday.
The first interesting controversy be-
tween the legal giants in the case
wherein Walfred Anderson is being
tried for the murder Of Cashier Funk,
occurred yesterday morning after At
torney Bangs for the defense had re-
called to the stand Ludwig Peterson,
the pool hall proprietor. who had testi-
fled for the state that he had gone to
the scene of the shooting soon after he
had heard the shot and 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 resi-
dence and that he met Anderson there.
He said that he spoke to Anderson and
asked him as to the condition of Funk.
AT this juncture Attorney Lawrence
for the state offered an objectionto to the
effect that the question was inmate
rial and incompetent. Judge Crawford
said that 1T wouldn't be incompetent
unless in contradiction OF other wit
nessts. When Attorney Bangs said it
was the very conversation inquired Of
by the state, Attorney Lawrence replied
I that there was no testimony OF Mr.
Peterson of any conversation with An
derson outside of the house. The
court said it couldn't reco1lect that An
derson was inquired Of about this con-
versation at all. and unless he was in 3
CURED about this conversation the at
torneys could see that IT wouldn't be
competent. # #
After talking to Attorney Netcher
Mr. Bangs said that it had not been