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

MANY WITNESSES sworn

The trial Of the case Of State VS..
c. E. Barnes, charged with assault
and battery with intent tc kill
brought out a large crowd of interes'-
ed listeners in district court yester.
day. This was the only case before
the court yesterday and it will be re.
sumed again this morning at 8
o'clock. The State has rested and
the defense is now introducing test
mony
The case is brought about by an
assault made by G. E. Barnes, who
was a candidate for sheriff of Bur-
leigh county N the last primaries,
upon the person of G. L. Martineson,
former captain of police in this city,
in front of the Mckenzie hotel on
June 25, 1914, Immediately after the
primaries. Barnes is alleged 20 have
come up behind Martineson, who was
walking along the street, and to
have knocked him down and kicked
and beat him, as a result of which
MartinesOn was confined to his home
for a period of eighteen days and to
bed in St. Alexius hospital for three
weeks longer. 1t is also alleged that
Martineson has had the sight of one
eye dimmed, this being in the nature
of permanent injury.
Martineson on Stand.
The complaining witness was the
first one called to the stand. He told
said occurred just as he had passed
the Mckenzie hotel Someone came
cut behind him then and hit him in
the back of the neck, causing him
to fall into the street He then saw
that his assailant was Barnes, who
proceeded 70 kick and strike him
while he was down. AS result OF
the injuries sustained on this day, he
said, he had been confined at his
home for about eighteen days and at
st. Alexius hospital for about three
weeks. The sight of one eye was al
SO dimmed
l.. H. Langley, the next witness,
saw Barnes beat Martineson He,
said he was looking through the win
dow of the hotel, having come down.
stairs with Barnes a few minutes be-
fore this.
Harry Stockdale testified that he
saw Barnes strike Martineson be-
hind the ear He was down Main
street in aw agon and he drove to-
ward the Mckenzie corner at the
time.
Leslie Potter and George Robidou
ter said he saw Barnes strike Mart
ineson both before and after the lat
ter lay on the ground. Martineson
was not fighting back that he could
see. He also saw Barnes kick Mart
ineson several times, around the
shoulders and the, lead.
Robidou testified that he saw Mart
ineson falling to the ground and then
Barnes was hitting and kicking him
around the stomach. He said Barnes
kicked pretty hard and that Martin
eson asked to be let up but that
Barnes kept kicking him after he
said these words. When Martineson
got UP, he said, he looked battered up
and bloody around the face. He did
not not see 'Martineson put up any
fight.
Norman Mussou, lad of tender
age, told practically the same story
as the other witnesses for the state.
Dr.. Roan's Testimony.
DR., Roam then testified that Mart
ineson had been under his care from
about June 25 to September l, both
at home and at the hospital. At the
time he was called to treat MARITIME
son, he said, he found his nose swol-
len, discolorations, about the side of
the body and discoloration about the
eye. He said that the sight of one Of
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