Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-12-15

then took care Of Martineson, but
while DR.. Roam was gene for a cou
pie of weeks, he was asked to attenC
him. This was while MartinesoI
vas lying at st. Alexius hospital.
The doctor said that he paid Mart
ineson a number Of visits at the hos
pital but said that these were not
professional visits, just friendly Wis
It's" He said that he did not exam
inc Martineson during this time and
could not say whether or not Mr.
M%artineson was sick at the time.
Court at this time adjourned until
1870 O'Clock in the evening.
Evening Session.
The testimony of Alex Swanson.
taken at the preliminary hearing
was read to the jury by G. c. Wat.
tam, he having reported the proceed.
ings at that time. Swanson testified
that Mr.. Barnes left the lobby of the
hotel for the front door, in a hurry
as though he wanted to speak to
someone. He saw the trouble going
on outside but could not see clearly
what was happening. .sr r"'u
The state rested with this testi-
mony. p s.r'
Charles Griffee was the first wit
ness for the defense. He testified
that be went out of the hotel door
with Mr.. Barnes but he did not see
Mr.. Martineson until just as they
we're passing out Of the door. Mart
%ineson, he said, turned his head and
said How de- you like it, you A..
. go. ....?," and Barnes said
something about Lies he. had been
telling about his and then he hit
Martineson on the jaw. He knocked
him into a sitting position on the
sidewalk and jumped Gu him and was
down on his knee, hitting him first
with one hand and then with the 9TH
er. Martineson was trying to- guard
himself from the blows. Martineson
tried to get up once or twice and was
knocked down again. Witness did
not see. Barnes kick Martineson.
Martineson, he said, had his arm
around one of Barnes legs. The
fight ended when Martineson said to
''let him up" No one interfered with
the fight according to Griffee.
On cross examination, this witness
testified that he and Barnes came out
of the door just as Martineson was
passing, that Barnes laid his hand on
Martineson's shoulder and turned
him around SO that they YER facing
when the conversation occurred.
This witness seemed to contradict
himself several times.
County Commissioner Up.
j. A. Davies, county commissioner,
testified that Barnes passed him on
his way out of the hotel lobby but
that he failed to notice anything un-
usual in his appearance at the time.
He said that he saw the fight as de-
scribed by the other witnesses but
that he did not see Barnes kick Mart
inesol. A.
Joseph Higgins testified that he
was in his pool hall across the street
when the trouble took place. 1t look
ed to him as though Martineson turn
ed and said something 20 Barnes and
Barnes hit him On the jaw and then
Martineson fell on the sidewalk. Wit
ness then testified that he turned his
back and went about his business,
this in spite OF the fact that ne was
county constable at that time. He
did not interfere to stop the so-calied
fight.
William Scott of Arena testified
that he did not see all OF the fight
but described what he saw about the
same as the other witnesses. He did
not see Barnes kick Martineson.
At this time the court took an ad.
iournment to 8, a. m. this morning
it is expected that the a 6 will go
to the Jury this afternoon.