Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-17
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10y GEORGE WEAThERHEAD.I

Washburn, N. D., June l6-The
above was the substance of the testi-
mony offered In court this morning
by Mabel Boucher Funk. widow Of
the banker who was 90 Elysterlously
murdered, and also of Hilma Falgren.
the young servant girl, who had lived
with the Funk family nearly three
years.
Miss Falgren was the first witness
placed on the, stand BY the prosec,l-
ton, and in a clear, aunbroken man
ner she related the circumstances as
had occurred at the Funk home that
fateful evening Attorneys for both
sides seemed but feeling their way
cautiously during the opening pro-
ceedings, bringing out nothing that
could be attacked by the opposing
, side.
Detailed Deecased's Movements.
The servant girl testified to Mr..
Funk's coming hofe for his evening
meal, how he had walked through the
house TO the east door of the shed,
attached to the north of the kitchen
with the door towards the home OF
| Henderson, the accused directly across
the lot. She told how the baby had
| been brought in from the back yard
and ran out again, and how Immediate
| ly after Mr.. Funk had stepped out
OF his back door she heard loud
report like that of an explosion, and
as she ran out again to pick up the
| little 2-year-old child she saw MI.
Funk take one step end turn. She
said that at the time there was no
one else in the house except Mrs.
Funk. who was at the sink washing
the hands OF her 7-ycar-old son Ken
meth. and that Immediately after. the
shot Mrs. Funk went to the shed door,
grasped her hand and said, II am
shot" .@
Heard Him Say No More.
Miss Falgren heard him Jay no
more. and as Mrs. Funk put her arm
about him he fell, lifeless. There
was breathless silence over the
court room as Mrs. Funk, with
steady step, went down the asile to
the witness stand. Dressed in deep
mourning, she took the oath without
tremor, and told of the awful cir.
lcumstances that occurred at her home
that evening. Nothing was referred
to at the time she confronted the &C.
|cused man, and 1t is thorught she will
take the stand again. Immediately
after she had testified she left the
court, accompanied by Miss Falgren,
her servant, and Foss Funk, brother
of the murdered huband, and return
ed to her home. She was not cross
examined by Attorney Bangs for the
defense.
Case Presented to Jury.
After the jury had filed into their
places this morning Attorney Law.
renee presented the case to the Jury
as follows:
Mr.. Lawrence: IF the court please.
gentlemen of the jury, 1t has become
the rule in civil and criminal cases,
as well as the beginning of all trials,
to make statement of the facts in
general which the party who bears
the burden of proof expects to estab-
lish. Therefore, it becomes incumbent
upon me at this time to state to you
generally what the state expects to
prove in this case. In making such
statement l shall endeavor to be very
brief. 1t Is not necessary, by any
means that we should recite and de-.
tail every little piece and parcel Of
proof which we expect to present to
you, nor should we at this time make
an agrument upon those facts, nor at.
In, ~ t..
Confined on PoxA ~