Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-24
In cross.examination Attorney Law.

In cross.examination Attorney Law.
renee succeeded In having Findley
admit that he had been In court dur.
ing some of the time while the trial
! was In progress, and while he might
have thought there was a spirit OF
friendliness shown, he was aware as
to the ennity that might exist among
al look Of surprise on the counten-
ance Of Attorney Bangs during the
day at the manner with which Attor-
ney Lawrence seemed to discredit the
testimony of the witnesses put on by
! the defense, and the attitude of Mr..
| Lawrence by repeatedly declining TO
! crOss.cxamine. But tho few he did
cross-examine, his questions were Ill.
rected with vigor and seemed to have
a vital effect.
Many Witnesses Recalled.
Many of the witnesses who had pre-.
tviously testified for the state were re-
| called during the day by the defense,
and their testimony seemed to vary
some what from what they told when
first on the stand. Ludwig Peterson,
the pool hall proprietor, recalled by
the defense. and who was about the
first to conduct an examination Of the
den Of Anderson's home, said today
that the green shade was up about a
foot and a half when he examined
the dindow. This was in face of the
fact that a number Of other witnesses
for the state, including Clerk of Court
Hanson, had stated that the curtain
had been drawn down to the opening
OF the window, which was only about
three or four inches. Even Peterson
admitted this morning that the win
dow was oupen about that distance.
Frank. Thompson on Stand
Frank Thompson, who had been a
member OF the coroner's jury and who
is a hardware merchant and who has
handled special Winchester rifles ever
since they were put on market, when
he testified for the state, said that
at the inquest he examined the gun,
and that it was a ten-shOt gun but
that 1t had only nine shells and those
were all in the magazine Of the gun,
and that he removed but the nino
shells and put them back in ,theS gun.
| When first on the stand he identified
the shells.
Could Not Remember
Monday when recalled By the de-
tense he said he could not state def
nitely how many shells were in the
rifle. but he was SURE the magazine
was full, but could not say positively
how many others were in the maya
zine. The same nine shells were
Shown him again, and when asked
whether or not hey were in the
same condition as at the Inquest, he
vas not sure. He thought that one
in particular they might have been
more battered than at first.
He said that when he examined the
shells at, the inquest, the shells were
not as bright az some other new
shells he had seen. He said that at
the inquest one shell Vas battered a
trifle and he called the attention of
other members of the jury to that fact.
He did not know Tor sure whether or
not other of the shells we're batter
ed, but he was sure of the one.
In .cross.examinatiOn he told AttOr-
ney Lawrence that a slight blow would
batter the points of such bullets, and
that should the gun lock In receiving
the shells even the brass might be bat
tered.
Had Known Anderson Long
Harry Wahl, who had known Ander-
son all his life, said that they
were boys together and that they went
to the same school together in Wash
burn. he, was sworn in by the de-
Tense and showed. on the staAd that
on Sunday he, had Joined Attys. Mel
son and, Nelcher for the defense, and
with Joe Mann, haG gone out in the
country and during that afternoon
they had stopped at the farm of c.
A. Carlson, some ten miles from Wash.
burn, and while at that place, they
had several experimental shots with
Carlson's rifle, which was a 80 Win
chester Special, such Il sthe one as has
been exhibited in court as n which
vas used in killing Funk. He said
that Carlson did the shooting and iden'
titled sever sheets of paper that had
been shot through, with the same
kind OF a bullet as was found in An
dcrson's private den. These slips
of paper had been fired through at a
distance from six inches to three feet
and showed the bullet hole as well
as the powder marks. Iu -
Described Different Sounds
Vail identified all these slips OF
paper. He also told of two shots that
had been fired inside OF Carlsonis
! home when the door vas slightly open
he said that in both instances the
|shots fired inside gave a sound to
Those on the outside of a quick. sharp
report. He said that Attorney Mel
son for the defense fired the two shots
inside the house, and also said that
after each shot had been fired during
the afternoon AS a n experiment, the
gun had been cleaned thoroughly.
Attorney E'angs then put Nelson on
stand and he told OF the character OF
building in which he fired the shots
while inside.
carlsbn Tells His Story
C. A. Carlson, then testified to how
they ace to his place on Sunday n
ware to him as how they used his gun