Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1918-12-19

ii . :
Daugherty and 'lsarn him "a lesson
for holding his wheat contrary "a
iaw Kaiser proceeded on his way
home. There was no light in the
shack, but lantern showed at the
bern. Witness had not heard the
| defendant say how they intended ID
Iacars, Daugherty. si N
IA. Simmer told Of being awak-
t'ened on the night of June after re-
tiring for the night. He went into
1.-The pool hal; following other men
going in the same direction, between
II and 12 o'clock. He didn't recog-
|nize any of the men going in. He
found there about a dozen men in
cluding the owner, and W. c., Clyde
and Vern Scott and Harry Ellithorp.
He saw none of the other defendants
come in. He saw Bert Hartman
driving .Klabunde's truck on Main
straet. He was in the pool room 10
or Is minutes and heard Ellithorp
say something about when the lights
would go out, and that if some one
would hurry he would leave the lights
on q half hour.
Mrs. Perras came to the door and
began talking through the screen to
the crowd. He could not make out
what che said; "Nfrs. Pcrras was a
very hard lady to understand" He
heard her say somsthing about
"bums /" Then the lights were turn
ed out and he went back to the store
and took o position where he could
watch the street. He heard some
one mention tarring and fenthering
naugherty. but did not know whether
EEithorp heard the remark or not
When Judge Nuchols insisted as to
why Mr.. Simmer took up his posi-
ton at the door Of his store, Simmer
replied: Il took this position SO /
could take good chew Of tobacco and
spit on the sidewalk without splitting
on the floor Of my store"
Il At this. the court was compelled to
take a momentary recess while His
Honor and the distinguished counsel
Joined in 9convulsion Of laughter.
Simmer said he couldn't see the
Perras home from where he stood and
lid not 20 out into the street when
he heard { shot fired a short time
later.
Sheriff Meinhover told of seeing
Pennington about A o'clock the fol-
lowing morning in the Office Of the
states attorney at Linton. Penning-
|ton had gun which the sheriff iden-
titled as the one produced in evidence.
Ellithorp and Chas. Armstrong were
with Pennington in the states at
torney's Office. The latter made no
statement at that time.
G. A. Lenhart testified that on the
night of June 6 he went with E. l..
Semling. E. E. Bradberg and Leroy
Irvine drove out toward Daugherty's
rlace about o'clock. He didn't see
Mr.. Armstrong on the trip. He
saw him near a school house on the
road out. Someone was standing
near Armstrong; car and Semling
asked: "Has that guy got a gum"
Armstrong said be didn't know. ]
said, If he has Charlie, you'd better
take It away from him. i didn't
drive the wav to DauRhertv's. I had
no conversation with any of the other
defendants with relation to Daugher-
ty. On cross examination Mr.. Len
hart testified that when he told Mr..
Armstrong he had be''er take that
fellows gun away from him Arm
| strong replied that they were going
home anyway.
w. C. Scott's testimony was to the
ie6ect that he was in the nool room
on the nirht in question and saw sew
ieral of the defendants there. He
was ct SINNERS store and heard a
shot fired.
G. E. Wh;tford's testimony had no
direct bearing On the case as he knew
nothing - the alleged unlawful as-
Esembly. He produced frcigh, hill
showing that Mr.. Daueharty had
shipped in car load Of wheat.
Wallie Daueherty was recalled
Tuesday morning, and told Of Food
Administrator Armstrong protesting
when Daugherty removed his wheat
from the elevator "Wall, it's my
wheat isn't it?"athe witness testified
he replied Armstrong replied
sWallie. l wouldn't like to be in vou,
shoes for anything you're the mex,
thing to a traitor. !"
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