Grand Forks daily herald and the evening times., 1914-07-22
HOLD BARNES ON
MURDER ATTEMPT;
FREE UNDER !. Bail
Sensational Bismarck Case
y Results in Defendant Be-
ing Held for Trial.
X
FORMER POLICEMAN
IS IN HOSPITAL
Gives His Evidence from Cot-Condi-
dition Such That Outcome Of In
juries Not Yet Entirely Certain
Alleges Assault.
(Herald Special service.)

Bismarck. N. D., July &c. p.
Barnes. formerly deputy sheriff. was
bound over to the district court to-
day on the charge Of assault with IN
tent to commit murder. He is out
under $1,000 bonds.
The trouble arose following the de-
feat Of Barnes for the nomintion as
sheriff at the primary election. He
assaulted Chris Martineson. police
captain, who had been opposed to
Barnes candidacy.
Evidence at the hearing brought
out the fact that Martineson had been
struck from behind, without warning.
and that when he was knocked to the
ground, Barnes had kicked him In the
face, head and body.
Martineson has been confined to
hospital all the time since the assault.
Because Of the helpless condition
Of Christ Martineson. the complain
ing witness in the case. court adjourn
ed to st. Alexius hospital. and Mar
tineson's testimony was taken at his
bedside. -.
Martineson testified that he was on
his way down Main street toward
home, and was passing the Mckenzie
hotel, when he heard the door open.
The next thing he knew. he said, he
was struck behind the ear. the blow
Telling him to his hands and knees.
Struck and Kicked Him.
Barnes, his assailant, then struck
him repeatedly in the face, and then
kicked him in the face, head and alb
domen. He kicked him ten or twelve
times, the witness said, he thought.
Martineson said he begged Barnes to
let him go.
To Doctors once
After Barnes had ceased his at.
tack, Martineson said, he got up and
walked to Clootens livery barn.
the Doctors Office where his wounds
were cared for He then went homo
and to bed, and he has not been up
since
Went TO Court Room.
Following n Martineson's testimony
at the hospital the court went. tosthe
court room, to hear the testimony OF
d numbered witnesses for the plain
tiff. States Attorney Berndt and As
sistant States Attorney konel con
tducted the examination for the state,
and Attorney F. H. Register. for the
defense.
Was in Hotel.
The first witness called was F. H.
Langley. Mr.. Langley testified that
he was upstairs in the Hotel McKen-
zie, with Ed. Barnes, H. P. Knappen
and j. R. Davis. They came down.
and he left them at the elevator en-
trance, he said, while he himself went
over to the cigar counter. few min
utes later someone said that there
was fight on the street, and he look
ed through the window. and saw Mar
tineson down, with Barnes kicking
him.
stockdale Testifes.
Henry stockdale, who was not far
away, driving q delivery wagon, said
he eaw Barnes hit Martineson behind
the ear. and then saw Barnes strike
and kick him forcibly after he was
down. Harry stockdale gave prac-
tically the same testimony.
Left Hurriedly.
Alex Swanson, night clerk at the
Mckenzie, testified that he saw the
men come down stairs. Barnes stood
at the desk for a minute and then
left hurriedly The next he knew he
heard there was fight on the street
and saw 1t.
Thought Mardneson Spoke.
Joe Higgins, who is the proprietor
Of a cigar stand across the street, tes-
titled that he saw the start of the
trouble. and he thought that Maritime
thing before Barnes hit him, though
he could hear nothing from within
the store.
Did Not Interfere.
He said he did not see the entire
fight, only the first two or three
blows. as he turned away, not wish
ing to see 1t. Asked why he. as town
constable, did not interfere, Higgins
said that he was attending to his busi-
nees in the store, and could not leave
to interfere with the fight.
Marttneson at Meeting.
Edgar Triplett. colored, testified to
substantially the same thing. He,
also testified that a number of colored
\ men had had meeting shortly before,
= and that Martineson was there, but
the witness stated positively that Mar
tineson did not make any campaign
speech, or a speech of any sort.
Others Testify.
Glenn McGettigan, postal clerk,
Jesse Miller, parcel post man, Geo.
Robidou and Herman Mousse all tes-
/ titled to substantially the same things.
|SEE Elk WILSON AS