The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-25
Continued From Page One.

permit the attorneys to prepare their
defense. Attorney Lawrence stated
| that both he and Mr.. Bangs had been
busy gathering witnesses, and said
they would be better prepared to pre-
sent the case to the jury ii a few hours
time were granted. Judge Crawford
commenced preparing his charge dur
ing the recess and 1t will no doubt be
a lengthy one, and probably will not
be delivered to the jury till some time
today.
When court opened yesterday morn
ing Attorney Bangs announced that
the defendant rested, and Attorney
Lawrence commenced the rebuttal.
Major George w. Gregg Of Garrison
testified hal on Sunday with Others
he had helped conduct some expert
mental shooting under direction Of at
tor1eys for the prosecution. This ex-
detrimental shooting was continued at
6 o'clock Tuesday morning, at which
time A. b. Chaplin, the aged bullet ex-
pert from st. Paul, was present.
They went to an unoccupied house
about five miles from Washburn, and
went into a room about IL feet square.
The room was closed tightly with the
exception of a small opening of a win
dow through which Gregg did the
shooting, Gregg held the gun for the
first shot over the window sill and dis
charged the rife which was a 80 Spe-
cial Winchester, and while Karl Kline
was in the Don Those who had been
left outdoors came in Immediately but
could detect no odor Of burnt powder,
neither were there any powder marks
on the window sill or any part Of the
window frame. The same condition
existed when two more shots were
fred from the inside. Then when alone
in the room Gregg fired five shots III
through the window in rapid success
sion, extracting the shells as fast as
possible, and after waiting ten minutes
men from the outside entered the
room and at that time could detect a
slight odor Of burnt powder, and
Gregg testified he could only see a
small fog of smoke as he extracted the
shells from the gun. Mr., Chaplin then
testified in line with what Gregg had
told. Others Of the party who had rel
manned outside said the shots fred
from within the room had a dull sound,
were loud and Toared something like
an explosion.
Attorney McCulloch, director Of the
First National bank, was then called
to the stand by Attorney Lawrence
and was asked to tell Of the conversa-
ton he had had with Anderson in the
county jail about removing the storm
sash from his den window, but Attor-
neys Bangs entered an objection, and
Va j. N4CSA4IOClA& as OulytE pGEl1llIIEa TO
tell that Anderson had Informed him
that the carpenter had taken the
screws III of the strap hinges. An
|derson didn't tell McCulloch who put
the window back on, nor did he say
what time the carpenter had taken 1t
off.
Hilma Fahlgren, Mrs. Funk's serv-
ant girl, was then recalled to the stand
and she testified that she saw a car
.penter take the storm sash off the
window of Anderson's private den dur
ing the month of March while that
room was being painted, but she also
said that she saw the sash back on
there but she could not remember
when 1t was, though she was sure it
was during the month of March.
With her testimony Attorney Law
|rences's motion to take a recess till 2
Io'clock prevailed.
Mrs. Funk and her 2~-year-old baby
girl, whom its father was about to
pick UP in his back yard when he was
so mysteriously murdered, and accom-
panied by her servant, Hilma Fahl-
gren, appeared In the court room
Tuesday morning just as tho proceed
fngs commenced. She seemed to take
her same usual interest in the case,
though she was most of the time with
her head bowed.
Anderson appeared as though he had
been refreshed after a nights rest,
while his wife and other members OF
the family sat behind during the
morning session. He seemed perfectly
composed during the morning a 8 he
did all day Monday.
Monday Afternoon.
Oppressive heat prevailed in the
courtroom during the entire Monday
afternoon of the trial Of Walfred
Anderson, charged with murder of
Cashier Funk, and the large audience
that had gathered half an hour before
the case started after the noon recess
was sWeltering by the time the court
was called to order. Defendant was
some fifteen minutes late when he
appeared with his wife and under the
escort of the deputy sheriff. Better
late than never. was his remark as
he passed through the stage door and
took his seat with his attorneys. The
courtroom was packed with people
and the attendance was largely made
up of women some of whom kept busi-
3ly engaged with their fancy work as
they sat throughout the day. While
the defense seemed about finished with
its witnesses Attorney Bangs said he
did not like to rest his case when
court adjoudner last evening ana there
was considerable speculation last
night as to whether or not Anderson
will be put on the stand today in his
own defense. If he does not testify
the taking OF testimony will end early
today, and unless the rebuttal to he
offered by Attorney Lawrence has
some surprises the attorneys may
reach arguments before the day Isl
over, and the case be submitted to-
the jury on Wednesday.
The afternoon session opened with
Attorney Lawrence cross examining
f.. Al. Callahan, the automobile man,
who testified In the morning that he
was on his way to Anderson's garage
when he heard the shot fired, and who
had also testified previously for the
state hat he found the bullet Jacket
SOON after the shooting Of Funk. Be-
fore Lawrence finished with Callahan
he gave him some OF a grilIing. ana
Callahan seemed TO be lodging some
OF the questions fred ut him rapidly.
He couldn't say how many times lie
had talked with the states #atforney
about the cas- befoFeth corolersss
inquest, and he couldn't remember
whether or not he had told Of the
sound or the shot, but he did admit
finding the jacket of the bullet on
top of the ice box Iii FnTkss shed. He
admitted that he had been particular
friend OF Anderson, and that Anderson
had been good customer of his gar
age. AT first he denied that Anderson
had given him d Number of valuable
presents, bat he finally stated that
Anderson had at one time given him
8 watch, and aIso8an engine, a. leather
coat, an auto cover ana b. set OF auto
Wretches. HE said he had cared for