The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1927-02-25

OALA6aLN . ~
punching Fuelleman in the ribs. Then
Fuelleman hollered: Fred, drop that
knife l saw blood.
"Burkgart let go and Fuelleman
relaxed and took two or three steps
back. 1t was apparent he was hurt,
and I shouted to the boys to help
him, but he fell before they could
get there. They picked him up and
carried him into the doctors office"
Witness Saw Knife
Diefenderfer testified that he saw
a brown paper parcel in Burkgart's
possession before the fight started,
but would not swear whether it was
in his hand or his right coat pocket.
When Burkgart was punching Fuelle-
man in the ribs, however, this parcel
was in his hand, the witness said.
After the fracas started, he added,
he did not hear. Burkgart say any
thing.
In response to a question by Frank
NJ. Gray, Burkgart's attorney, DEF
enderfer testified that the cOnversa-
ton which preceded the encounter
lasted only a minute. 1t was audible
to him because he sat near the door
and the transom above it was open.
When the men clashed, the witness
moved out on the sidewalk, at which
point he was within about 10 or Is
feet of them. So far as he is aware,
Diefenderfer said, he was the only
person so near the struggling men
until the fight was over. A travelling
man, whose name vas not given, a
in the back of his store, the witness
testified, but did not come out. Sew
eral men, however, were across the
street, and it was to them that he
called when he saw Fuelleman had
been wounded.
Mr.. Diefenderfer was then excused.
He was the second witness called,
DR.. L. A. Crewe, a Belgrade osteo-
path, having preceded him on the
stand. DR.. Crewe said he knew both
Fuelleman and Burkgart. He saw
Fuelleman "right after 10 o'clock
Monday morning" he said, when he
was brought into his office by Ar
thur Weaver, o. E. Hutchings, Burk-
CART and others.
= Death Came Quickly
Fuelleman, DR.. Crewe testified, wos
. VIRTUALLY dead" "He gasped two or
three times after he was laid upon the
table," the witness continued, but ex-
/, planned that these "gasps" might have
been thrush or expulsion of air from
the lungs caused by change of posi-
! ton. DR.. Crewe said he examined the
wound, which was over the heart
: apex. He also saw the knife, which
& was handed to him by John Brink
The knife was wrapped in paper, hi
8 testified. Later he gave it to Charles
3 Mcdonald, marshal at Belgrade.
5 While examining Fuelleman's
8 wound, DR.. Crewe said he heard some
3 one behind him say: "Save him j
3 you can" He turned around and say
3 Burkgart. Later Burkgart said: g
8 didn't mean to stab Fuelleman."
= Nature of Wound
s DR.. Roy E. Seitz who, with DR..
3 F. Blair, performed an autopsy o
& Fuelleman's body after it was brougF
s to Bozeman, was then called to test
& fly regarding the wound and the caus
g of death. DR.. Seitz said death wa
caused by hemorrhage resulting frol
5 a clean-cut knife wound in the uppt
g and outer side of the left ventric
3 of the heart, which was punctured
5 the inner chamber. The slash, /
8 said, was large enough to admit one
3 finger, and he gave it as his opiniC
8 that such a wound would cause deat
within an exceedingly brief period
& time.
+ Replying to questions by AttorDi
IS Gray, DR.. Seitz said the knife h
entered Fuelleman's body on the lie
side between the fifth and sixth ril
making a cut, parallel to the ri
about liz inches in length. He fl
Their designated the position Of
wound by saying that it was appro
mately two inches below the left n
pie.
There were scratches on Fuel
mans face, DR.. Seitz testified, anC
bruise on his right cheek. Furth
more, there was a small cut, abb
a quarter of an inch deep, on
right side of his left eye.
DIR. Blair was not present, and
ter a consultation between H. F. w,
County Attorney BOhart and Ass
ant County Attorney Eugene F. B
ker it was decided that his testimC
which would be c~Orroborative of
given by DR.. Seitz, was not neeC
T IL