Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-06-17
DR.. Carl F0SS
TESTFIES in
MURDER CASE
Tells a Clear and Connected
Story-Denies Every
Allegation.


implicated by the tate. The testi-
OF DR.. Foss Is a masterpiece In
itself and has been fully corroborated
by his brother, Eddie, and it is ex-
pected that many more witnesses will
appear on the stand in their behalf.
1t is expected that hospital records,
the Doctors books and other evidence
Of q like character will be introduced
to substantiate their innocence.
Attorney George Hurd. counsel for
the defense, before calling witnesses.
addressed the jury. telling them how
the defense would give in detail the
actions Of each OF the defendants
from Saturday evening. November IL,
until November Is. That 1t would be
proved by witnesses for the defense
that none Of the accused had any con-
accusation had been brought about
through the nimosity Of A. j. Leon
ard. the special land agent.
DR.. Foss gave q very clear and
connected tsory Of his whereabouts
and those of Eddie Foss and Jacob
Rjornstad. telling Of his coming to
Chinook shortly after 8 a. m. Sum
day morning, November II. to attend
to some land business he had With
Foss had gone to Chicago with q car
load Of cattle. and he had last seen
him on October 81. J.
He denied having worked on a a
in front Of Cooperis store at IL o'clock
Sunday morning and denied having
seen Herman Olson until the saloons
opened at l o'clock that day. He
claimed" that he learned train Nc. /
was four or five hours lats that day,
STAG had taken Eddie's car from Oh
sons yard to 20 to Hydro. and had
returned. requested him to take him
(the doctor) to Havre, and between
2 and I o'clock they loft for Hayre
over the south road. He described
that conditions of the road and length
of time it took and said they arrived
ct about s p. m: That Eddie had re-
turned from Chicagoi and both Eddie
and %Bjornstad stayed all night at his
house and after breakfast all three
went down town in Eddie's auto.
which had been standing in front Of
his house all night. He made his
hospital calls, saw Eddie and Bjorn-
stad between 10 and IL o'clock, and
of and on all day.
He related how he had performed
named Challener about 3 p. m. on
Monday. and dressed it again at 9 p.
m. He. Eddie and Bjornstad went
home at 8 p. m. and returned up
town. At about 8 they returned
home accompanied by Eddie I~verson,
q next-door neiehbor. arranged for
the 1versons to watch their sleeping
child, n DR.. and Mrs. Foss went up
town for supper in the doctors car,
Eddie's car. leaving It at tho garage
on their way to supper.
DR.. Foss displayed q most excellent
mamory, attention to detail and posi-
tiveness throughout his testimony.
telling Of the many things he and
Eddie and Bjornstad did, and the
places they visited that evening, pa
tents who called at the office, ar
r~angenlents with DR.. Templeton to
assist in putting a caste on a patient
the mex morning. a game Of pool by
the Foss brothers and Bjornstad at
the White pool hall. having matted
milk at the Owl drug store, W.
sation at the Havre hotel, trying out
q Studebaker car on a test hill south
of town. visit afterward to the Stude-
baker salesroom, back to Buffalo sa-
and to the hot tamale place and be-
tween 1880 and IL p. M, and all
three to bed at II or 1850. This was
all told to have taken place on Mon
day night, November IL, the night
The next day after leaving Eddie
and Bjornstad on the street uptown
the doctor said he made his hospital
calls, returned and found his own
MI. Chalner assisted DR.. Templeton
and Dr.. Foss, according to the testi-
meny, in placing the plaster on
man named Thompson in DR.. Tenn
pleton's Office.
In fact the witness denied all tes-
timony previously given by the state
witnesses which in any way was in
eliminating. and in his replies to the
questions often gave his answer be-
fore the counsel had completed the
question.
In histestimony also the witness
turned table on the special United
States government agent, A. J. Leon
ard, in the story of the brides Of
fered.
Nj. Leonard had testified on behalf
Of the state that he had had a feeling
Of unfriendliness toward the Foss
brothers or DR.. Foss since the time
when DR.. Foss offered him $75 to
Withdraw his objections to his final
proof on his homestead, and before
that when they had offered him 800
to drop proceedings or investigations
in the matter of the United States VS..
Jesse r. Morehead.
In ia crQaa-eXamIn4tl0n OF Mr..
Leonard by counsel for the defense
he waa asked IL he YER made such
cfFeFs to DR.. Foas and denied that he
had, saying it was just the other way
around, and denied ever having
threatened DR.. Fosa. at the same time
showing 9 gun, and denied ever hav-
Ing been In room 500, or any other
room in the Havre hotel with DR..
Foss.
In his testimony Wednesday after
noon DR.. Foss dramatically related
how he had seen Mr.. Leonard and in
his CDR. Foss') office in the latter
part Of last July, while Eddie Foes
Was preaant, when Mr.. Leonard is al
legged to have said: TITS a long time
between pay days and sometimes we
fellows PUN short. Give me $76 and
I'll send in q favorable report"
In telling the story, he arose and
faced the Jury. and placing his hand
in hight hip pocket pushing back
his coat. said that government agent,
LAopaF0, had SO done. a. he smoke Of
the 376, thus displaying "a gatltng
|gun."
ThA witness next continued: IT told
him-I wouldn't do it I won't buy any
eovoFnment agent"
Aftervard he stated that he was
approached by Leonard and asked to
como to room % In the Hayre hotel.
and there Leonard told him he'd bet