Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-06-20
EVIDENCE IN!
MURDER TRIAL
CONTRADICTORY
|Bjornstad's Evidence Does
Not Wholly Agree With
Foss Brothers

Chinook, Mont, June 90 The flrst
three witnesses called by the defense
in the Krause murder trial to testify
yesterday told Of having seen Eddie
Foss IN his return from Chicago on
November IL, a fact seemingly not
denied by the state. y
John Severtson got on the train at
Towner, N. D., and saw Eddie Foss
on the train that reached Chinook
between s and 6 p. M. Sunday, Mo-
vember II.
Jacob Bjornstad. one of the defend
ants In the murder charge, was the
fourth witness called. He said he had
known Dr.. Foss and Eddie Foss for
10 years. That on his arrival at Chi
nook Sunday afternoon, November
II, he saw Herman Olson. and told
him of taking Eddie Foss' a That
DR.. Foss asked him to drive him to
Havre and have supper, and he and
DR.. Foss left for Havre between 4 and
5 p. m.
After supper they went up town and
met Eddie Foss in front Of the Club
cafe. and all went to DR.. Foss' office,
where they figured out the results Of
their cattle shipment.
All returned then to DR. Foss' home
where they spent the night, Eddie
Foss and Bjornstad sleeping in the
front room Witness testified that all
arose at 8 or 9 o'clock the next MORN
ing and after breakfast, all went down
town. In the afternoon he had a tooth
filled which DR.. Latham had been
treating two weeks before and at s
p. m. vent to DR.. Foss' home for sup
per. From thereon, and for the most
part. all Of his testimony was q re-
petition of the testimony Of DR.. Foss
and Eddie Foss.
Defendant Bjornstad did not show
the vindictive spirit in his testimony
regarding special agent A. j. Leonard
that was shown by DIR. Foss and Eddie
Foss. He testified that he did not hear
Mr.. Leonard say not to let anyone sec
them after their arrest and imprison-
ment- The Foss brothers claimed that
Leonard had done SO. He also said
that Mr.. Leonard told him he would
help him out If he could.
He stated, however, that The fash
ed a fake newspaper on me one
night; that it was about the 26th Of
January. when Mr.. Leonard and Mr..
Herber were in the ROOM. He testified
that 1t bore the heading Chinook
Democrat" and he took it to the
Chinook Democrat. In large type he
claimed it stated in substance: DIR.
Foss shot and badly wounded by
Loren Talbert in Havre at s o'clock
SS0AAAA6s 4y4A9 at 0oN4C0 11CoIl
hospital in dying condition. Not eex-
pected to live until morning. Wife at
his bedside wants him to confess
Stated he wanted them to send the
sheriff with him and Eddie to Havre
to see DR.. Foss.
He then told Of the night Of De-
cember % when Nick Pike is alleged
to have threatened Marshal Lutz and
said If he couldn't kill him DR.. Foss
would help him; that he'd been mix.
ed up with the Krause killing. He
testified that he had had no hard
feelings against Mr.. Krause, mol
against Mr.. Leonard. -'f4' r.
In the cross examination the wit
ness ~contradicted DR.. Foss' statement
that he did not know when Eddie
Foss was to return to Chicago, when
he said that one Of his reasons for 60
ing to Havre on Sunday afternoon.
November IL. with DR.. Foss, was to
meet Eddie Foss. hat DR.. Foss told
him here in Chinook at about 4
o'clock that Eddie was coming home
on train No. 1 from Chicago. and he
went to Havre to meet him.
He took everything cody, and when
asked to state II DIR. Foss' child was
in the restaurant at supper on Octo-
Der IL, replied: I'm positive the kid
wasn't along"
He admitted talking with the Eos.
brothers and other witnesses. trying
to recall events to their minds ia
make them remember they saw him
November 10. After a seige Of severe
cross examination the witness finally
admitted that the lights were turned
of in DR.. Foss' office in Havre wher
the officers arrived to make the ar
rests, a fact the doctor had emphati-
cally denied; that L.. E. Choquette
had come to the office and told them
Of Eddie's arrest. and That they were
talking about it in the unlightet
room. having turned out the lights
and upon the entrance Of the officers
he (the witness) said, II didn't think
you'd bring me into this, Mr.. Leon
ard"