The Washburn leader., 1913-06-27

search. Mr.. Chapin's reply was
to the effect that if one ofthose
guns containing such a load had
been discharged within a room
there would be no odor of conse-
quence.
Mr.. Lawrence's only question
after Attorney Bangs had finish
ed with the witness was to the
effect as to whether or not, if q
piece had ben broken from the
bullet, it would have any tenden-
cy to cause deflection, to which
the bullet expert readily replied
in the affirmative.
At this juncture it seemed there
was some loss Of information on
the part of the attorneys for
both sides as to what was the ex-
act distance the refrigerator in
the Funk shed had stood from
the north wall the evening Funk
was murdered, and though these
measurements had been given at
the time Engineer Atkinson testi-,
fled, the slip of paper contain
ing the figures had evidently been
misplaced and through stipul-
ton the attorneys fixed the dis
lance at four and one-half in
ches. This was done because of
The fact that on Friday, before
the jury viewed all the premises,
by some mistake the refrigerator
had been rearranged some five in
ches out Of the way.
Judge Crawford also called the
jury's attention to the fact that
when the jury viewed the den in
the Anderson house, by an over
sight, the screen had not been
removed. This screenwas not on
the den window the night Funk
was shot. -...- ,.-,-...-,-- .,---.-.
Photographer DeGraff was then
called to the stand by Attorney
Bangs. The defense had had the
photographer take a large numbe
of views surrounding the premises
Of the two houses in question, ant
as had been called attention to by
the state, though these views had
taken in observation as far back
as over the hill beyond the Con-
gregational church, it seemed the
camera in every instance had
been focused on the back shed
door of the Funk residence. De-
Graft included in his testimony
the fact that in taking photogra-
phs for the state he had been di-
rected by Assistant States Attor-
ney Madden, ard that when he
had taken the views for the de-
tense they had been taken un.
der the direction Of Attorney
Netcher for the defense, and that
i these attorneys had d rectsd wher
he should place the camera.
For the sake of identification
some Of the states witnesses, in
'cluding Johanna Schulz and May
Nelson, the two young girls who
were across the street in front OF
the Haugeterg residence, at 9
|pcint d rect Y between the Funk
and Anderson house when they
heard the shot fired, were recall
ed.
Mr.. Bangs paced his associate
counsel, Arthur Netcher, on the
stand, who testified that he had
taken a kodak picture from in.
side the Anderson garage. This
kodak picture also gave a view O
the Funk shed door. After 9
question from Attorney Law.
renee, Mr.. Netcher stated that he
had no triprod, but held the ko.
dak in his hands as he took the
picture.
Attorney Bangs then briefly
Addressed the jury As follows:
II the court please, Gentleme1
of the jury as Mr.. Lawrence ex'
planned to you when opening the
case for the state, it has become
customary for the attorneys, be
fore presenting their side Of
controversy to make q very brie1
statement to the jury Of what
they expect to. prove.
'..Of course, the necessity fol
such . statement is much greater
in some cases than in others. i
you. have q case where, for inst
ance defendane depends upon. q
great mass Of testimony, coming
and involving q great many diff
ferent facts, then it would moi
only be proper, but it would be
quite necessary that before going
into his side Of the case his coun-
4 Fsel explained to the jury what eac
i witness would testify to, that is,
what material fact each witness
vnnld. a,Ihstanfiate.