Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-26

had said that the minute she had
stepped out the back door to pick up
the baby she heard q shot and she
ran out the door, Funk was turning
to the south, and that he finally turn.
ed till he vas facing in the door OF
the shed. That he was still moving
when she went out and that she pick.
ed up the baby and went through the
door without humping into him.
There was no possibility. according
to Mr.. Lawrence's argument; there
was no chanc, for him to have been
shot from the hill, Or from the Ander.
son garage. Another location Of the
shot between the Funk and Anderson
Hilma Fahlgren knew where the shot
was when she ran out the door. She
did lot run to the church nor to the
Anderson garage. She knew where
the shot was and her testimony set.
tied where the bullet cane from.
Must Be Determined BY Facts.
Mr.. Lawrence cautioned the jury
that they must determine the ease
upon the facts and not from the man.
~ I'll "hiSH luN opICoiIS COuIlSCt
had presented it. He did not accuse
Attorney Bangs with attempting to di.
vert the testimony, but he did ask the
jury to decide the case upon :he writ.
ten record. He also called to mind
the testimony Of August Wahl, who
had heard the shot, and also of Lud.
wig Peterson, and to both of them it
had a loud, dull sound. They did not
say it had the crack Of a rife. Mr..
Lawrence did not believe the jury
could sit through that case and not
concede whether or not the witness.
cs We're telling the truth. 1t was not
necessary for him to dwell upon the
facts as to whether or not witnesses
had been bought. The jury could fig
ure that out as they considered the
case. He took up the course Of the
bullet and while he regretted that the
probe had not been as thorough as it
should have been. when it was con.
sidered that Funk was picking up his
child. who had fallen. the bullet would
have taken the course it had. and that
it could have easily DETECTED sufici.
entity to strike the point where it was
found, over the ice box in the shed.
He said the witnesses, Walcker and
Fahlgren, had been introduced to
show the ~ill-feeling Anderson had for
his employer, ana was surprised that
the remarks these two men heard
the hundred.dollara.month clerk
make had been the occasion for the
opposing counsel to say these things
counted for nothing. He was surplis-
ed that Mr.. Bangs had thought that
Fahlgren had been bought. Mr.. FAIL
gren thought it was a reflection upon
the states attorney. He asked the
jury if they had seen anything in his
conduct since he had been conduct
ing this case that would lead them to
think that there had been any such
corruption, and said that the jury had
but to look at Fahlgren on the stand
to tell whether or not Fahlgren had
been bought. And besides he had not
run out of town" When Mr.. Law
renee referred to the fact that FAIL
gren had refused to 90 to the Jail
when Anderson had sent for him, Mr..
Bangs entered an objection and there
was something of a tilt between the
attorneys about going outside the rec
ords. Mr.. Lawrence continued and
said, though Mr.. Gangs had intimat-
ed that Fab'gren haC. been bought,
his testimony had not been impeach.
ed and there was reason to believe
that his testimony was the truth. An.
other strong point Mr.. Lawrence
brought out was, the fact that when
Anderson was told owe his fence that
Funk had been shot, that he was
dead, all Anderson had said, and he
repeated several times, Funk dead"
AS Mr.. Lawrence said he did not ask
how he had been killed and if he had
been an innocent man his first ques.
ton would have been to have asked
how it all happened and how he had
been killed. Mr.. Lawrence said he
with circumstances ami there was
nothing to show that If it was not
Anderson who shot Fink no one wa
seen to get away. He said the express.
sion Of Anderson's face that evening
after the mur0er were the marks CT
Cain upon his brow, and many of the
witnesses had said they had never
seen such a look on his face beforel
Mr.. Lawrence said he would not take
the time he had intended, but would
hurry his argument to prevent delay.
ing the jury. He thought the remarks
that Anderson had made to Sattler
when he said, 81 shouldn't done it, |
said it, were a practical
confession. There were facts enough
set out to prove that Funk had not
been shot by any ghosts from over
the hill. The actions of Anderson at
the supper table that night should be
taken into consideration and he had
set out enough other facts and cir.
cumstances to fasten the guilt upon
this defendant and, though he had no
feeling towards Walfred Anderson, he
simply desired that the people of this
county be protected, and the man
who had committed this dastardly
crime should be put where he could
commit any more such crimes;
that the jury should consider some
thing else besides the talk of counsel
that had lasted for six or seven hours
and had worked sympathy and tears
Mr.. Lawrence in conclusion told
the jury he had simply tried to do his
duty, he had simply tried to point out
the facts and it was for the jury to
determine after they had retired to
their ROOF what were the facts and
to place this irresponsible citizen no
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