Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-12-23
State rests
MURDER TRIAL
Wife OF McC utchan Goes
On, Stand Friday In
Dickinson Court. III.

Dickinson, N. D., Dec. 28.-Without
any previous intimation the state at
noon Friday rested its case against
David McCutohan, charged with the
on March ~. Eight witnesses were
called to testify at the morning ses-
sion before the state rested. 1mme-
diately after room. c. T. Anderson.
register Of deeds Of Slope county, and
the first witness for the defense. took
the stand. He testified regarding the
lease held by Austin which was re-
corded in his Office.
Leslie Austin, who held the origin
al lease on the Gillette property, was
the next witness. He said that he
had held a lease from Gillette for a
considerable time and that he had
Cutchan, who was to have taken pos
session on March 10. but was prevent
ed 0 account Of bad weather and
deep snow. The witness told Of the
arrival Of the McCutchan family at
the farm o n the morning Of March FL,
and related how Mrs. Gillette had
refused them admittance and that he
had gone to the house with, McCutch-
an and asked Mrs. Gillette to let them
in. u 'TE
He said when in town nSxt morn
ing he saw groups c~ongregated about
tho street talking as II they were
framing up on somebody. He paid
little attention to them, he said, and
when returning to the farm an hour
or so later he saw q crowd about the
house, and when he reached the place
following the shooting, he found Mrs.
MoCutchan lying in q faint in the
yard. SE/t
He picked her up and started to
carry her in the house, but Mrs. Gil
lette had tho door locked and refused
admittance. He said that when he
arrived at the farm, Inman was be-
Ing placed in q car bound for Amidon.
Al wave Of excitement spread over
the court room when W. C. Crawford,
conducting the cross-examfnation.
asked the witness II 1t were true that
slaughter. The witness admitted that
It was. ~ g-yfGs Ii
Mrs. Austin. who was the last wit
ness on the stand before court ad.
journed for the day, corroborated .he
testimony Of her husband. =.
It is expected that McCutchan will,
be called to the stand in his own de-
tense today.
The first witness for the state Fri
day morning vas Fred Gillette, owner
Of the disputed property. The witness,
4AoH A0ku oAAN A4OklA1A4A AN6-
tin about breaking the contract, but
had sent the contract and a letter to,
Inman authorizing him to lease the
land, and said that, he had received
a letter. from Attorney Brownlee stat
ing hat Austin would lease the land
to no one except McCutchan. The de-
Tense then exhibited the letter from
Gillette to Austin advising the latter
not to least the farm to McCutchan.
--Ht III or{ff "A no1o1 ~ G1nro o0N,nt1, %>.a
tined as to possession of the gun with
which Inman' raj shot. He said that
he also took possession or certain
wearing apparel.
Emil Hablutzel testified as to the
gun with which the fatal shot was
fired, and said he picked it up and
carried to the office Of the sheriff. It
was 9 SO calfber revolver and con-
tanned four loaded and two empty
c: r. Brownlee. states attorney for
Slope county. took the stand and
identified the clothing worn by In
man. He said he placed the garments
in q box and delivered them to the
sheriff the day Inman died.
Walter VanHorn, undertaken. on
the witness stand, saidethat he and
by his house In Amidon talking, when
they heard a shot fired. and with
several others rushed to the scene Of
the trouble. &
Mrs. Walter 1nman, wife Of the
murdered man, was the last witness
to- be called by the state. She was
called to identity the cltthins and the
gun which were enteredsa ) EXHIBITS.
She appeared much affected when
questioned regarding Inman,s condi-
ton and.broke down and, cried. She
| said Inman was 37.gfhnt fhavf had
three children ana that fourth wa
born after, the death OF her hus-
band. ~ s.sass
The jury will be locked up all
Christmas day, AID Will probably get
theFcass the middle of Gnext week.