The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-11-07
WITNESSES TELL
OF SHOOTING

Grand Forks, n. D., Nov. 7.-Prac.
tically all of the testimony for the
state in the case Of the State of NORTH
Dakota VS.. John Davis. charged with
numbering Tony Pollman, was giVer
! yesterday afternoon after 2 O'Clock
before Judge Charles NJ. Cooley at La
kota. States Attorney Skull Skulison
is prosecuting. The jury was secured
shortly after noon. The first witness
to be called was DR.. Lohrbauer, who
stated Of examining the body, the po-
s1tion Of the wound n that the bull
let a caused Pollman's death.
Eyewitness Testifies.
Z F. C.. Schaible, an eyewitness to the
shooting, was the second witness. He
stated that he had seen Pollman pass
his photograph gallery, which is stu
ated on the same street and about 1876
g. fet from the Davis home. Pollman
walked to the Davis home and stood
on the veranda. Davis soon came out,
he stated, and started to ak in loud
tones to Pollman. He could hear their
voices, but was not especially interest
ed and did not distinguish any Of the
words spoken. The men, according
to Schaible, then became involved in
a heated argument, and after a little
sklrmtshing about the porch he saw
Davis shoot, the bullet going up and
backwards. He stated that Pollman
dropped and that he thought that he
had been killed instantly.
Mrs. Shorey Testifies.
The next to be called to the stand
was Mrs. Shorey, who lives next door
to the Davis home. She stated that
she had been out in the back ward, and
heard considerable noise at the front
OF the Davis home. She ran, accord
ing to her testimony, to the front of
the house, Which was only sixteen feet
from the scene Of the shooting, and
heard Davis tell Pollman to leave
which he refused to do. Then, she
stated, Davis threatened Pollman.
saying, go away or l will shoot
Pollman answered, she claims with
Shoot If you dare"
Dared to Shoot.
Damn you, l will shoot it is
claimed that Davis replied. II dare
you to-" Pollman answered, according
to Mrs. Shorey. She stated that Poll
tempted to grab his right hand, in
which he was holding the revolver.
Davis, she said. had his hand down
low, near his hip. II shot from that
position, not throwing his arm out as
is the Usual method of shooting a re-
VolVer. Pollrnan dropped, she said.
Boys Story Similar.
Alfred Thai, a 1~4-year-old Lakota
boy, was the mex witness. He was
standing near the Davis home and
heard a good les of the talk, and
gave practically the same testimony
as Mrs. Shorey, though there were a
few points differing. The bullet and
revolver, which is a 3S-caliber liver
johnson, were shown as evidence. The
gun had four loaded bullets and an
empty shell was found in it.
Defense on Stand Today.
The last Witness to testify for the
state yesterday was D. H. Hullett,
who came there Immediately after the
shooting, and while Pollman was "
ing on the ground. Hullett stated
he asked. What is the matter
He said that Davis replied. 'I
did not mean to do it," Hullett would
not let him go, and asked him for the
gun. but would not let hin go into the
house to get it, bat Mrs. Davis, who
weeping, went in and procured
he revolver and gave it to him. He