The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1917-10-27

October 3, to pick three more. The
twelve men accepted were as fol-
lows:
H. C. Osterhout, picture canvasser
w. w. Warner, carpenter.
| w. S. Austin, cigar salesman.
Oscar A. Paterson, carpenter.
E. Lloyd, boarding house keeper.
Edmund Ingalls,, capitalist.
.. Joseph Jolean, painter.
J. Diamond, retired.
James Vandeen, school teacher.
Charles Eppling, grocer.
James Minahan, homesteader.
M. A. Doughty, butcher.
To secure these twelve men, 13O
talesmen were examined. Among
that number were: T. H. Hawkes.
John Helmer, Ed Lynch, J. c.
Fyfe, ]. G. Scarlet, Ross Gilkey, J. T.
! Dow, L. o. Hulberg, David Buchanan
! F. T. Little, Charles Edwards, R. s.
Lerch, w. w. Mcmillan, C. D. Nc
Eachron, F. w. Winship, William
Kaiser, J. A. Carlson, G.. w. Strayer
Ed. Elston, Fred Schofield, L. M
Larson, A. w. Anderson, J. S. Lane
w. T. Heimbach, A. T. Scarlet, F. A.
David, Anthony Johnson, Fred Rus
sell, F. A. Lewis, John Collins, H. J.
| Atwood, John Cameron, Ed. Mooers,
w. T. Bailey, James O'Neil, Thomas
Summers, H. Petrie, T. J. Brennan
Frank Riley, G. R. Nelson, Ed. Mil
Ter, William Horton B. Murphin,
D. P. Sorenson, w. A. Holgate,
Homer Craig, T. G.. Vaughan, A. Nc
MILAN, A. Swardly, J. A. Roberts.
Frank Clark, Alex Mcdonald and
James Monahan.
Tuesday morning, October 4, court
convened at $3.50 o'clock. The in
dictment against Houck was read.
The defendant properly pleaded to
the indictment and the case was in
full swing.
County attorney Teare briefly out
lined the states side of the case.
Timothy Haley was the states
first witness. His story was, sub
stantially, in keeping with that told
in the beginning of this narrative. It
was not unfavorable to the defend
ant. No material changes were Sc
suced by cross examination. The
defense failed to show, however, that
Haggerty, Murphy and Haley were
drunk when they entered the White
Front saloon.
DR.. Charest testified as to the ma
ture of the murdered mans wounds.
DR.. Pearson was called in corrobora-
ton but failed tt respond. A few
other witnesses testified as to minor
facts and then the state rested.
John M. Martin outlined the case
for the defense. He stated that they
would base their case on the plea of
self-defense; that Murphy's enmity
against Houck would be proved; that
Houck desired peace; that Murphy
brooded and drank after being worst
ed in the quarrel that Monday
night before the killing; that Muir
ply had asked several to go down
and help clean out the place; that
Murphy had stated he would have
revenge on Houck; that after Muir
ply was. shot, Haggerty persisted in
an assault, although warned away;
that Houck's last shots were fired
when assaulted, cornered and un-
able to get away; that Houck did
not give himself up because a friend
feared lynching and that the story
of being two days in the woods was
to protect his friend.
During Mr.. Martins presentation
of the cause of the defense, Houck
showed emotion and wiped tears
from his eyes.
William King, White Front bar
tender, gave testimony that agreed
with that of the, states witness but
which was rather more favorable to
the defendant.
DR.. Forbes was called to prove
Murphy's dying declaration but, the
state Directing, the matter was not
pressed at that time by the defense.
James Cogin, also under indict-
ment but out on bail, told his version
of the affair, substantially as previ-
ously narrated. He declared that he
yelled for Haggerty to keep back and
that he tried to stop the fight.
George Irwin swole that he was a
civil engineer, born in Liverpool,
Eng, and that he was in the saloon
to pay a bill. After he went out, he
heard a shot, came back and saw
Murphy on the floor. Houck stood
back with black streak across his
face. When asked what was the
matter of his face. Houck said:
81 guess Murphy nit me.'
Irwin wiped off the dirt and then
Haggerty took the action as previ-
ously narrated.
VIC. Chisholm, a young telegraph
operator, was an eyewitness of the
tragedy and gave straightforward
version of the affair.
Peter Cusick and Ed Cakes testi-
fled as to hearing threats made
against Houck by Murphy. Thomas
Hayes and Matt Congdon offered
evidence as to the row Monday night
the day before the killing.
One Cullom whose sister was be-
trothed to Haggerty, admitted that