The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-07
WITNESS TELLS
HUNTING PARTY
PREPARATIONS
No Drinking Seen by Mrs.
Donald Snyder on Evening
of Webb's Death
BARLEY, WEBB DRANK

I'm Shot, I'm Shot, Call q Doc
tor Words Heard by New
Witness
The trial of Ray Potter on
charge of the first-degree murder
of Oliver Webb last October 81. rot
into a legal tsngle this afternoon
at $3.50.
The defense, recalling William
Franklin. witness for the state.
attempted to place in the record,
by redirect examination, the state
ment which Webb made to him at q
local hospital just before he died.
The court steadily sustained OBJ
jections by the prosecution to the
admission of this testimony on the
grounds that the defense had not
shown that Webb knew he was 20.
ing to die when the statements were
made.
DR.. Cyrus Hansen, the hospital
inferno who attended Webb, also
was recalled but the prosecution
again succeeded in preventing any
evidence on Webb's statements from
being presented to the Jury.
Statments % both Franklin and
DR.. Hanson that Webb had said the
shooting was accidental, were
stricken from the record following
objection by the prosecution that
the technical requirements covering
the admission Of evidence of this
character had not been complied
with.
The defense sprang a surprise
when it announced that Mrs. Potter,
wife of the defendant, would be UNI
able to appear in court and Judge
Coffey suggested that the defense
60 as far as it could without her
testimony and that the case could
then be recessed until later.
The state objected to having Mr..
Potter's evidence presented BY de-
position until it is proved that it II
absolutely necessary.
The state rested its case as soon
as court reconvened this afternoon.
Connolly Asks Dismissal
Attorney L. H. Connolly for the
defense moved to dismiss the case,
contending that the testimony of the
dead mans father was that his sor
told him the shooting was an acct
dent. The state, he said, had utter
~ failed to prove that the shooting
was deliberate and not accidental.
The prosecution rested the motion
contending that the dead man, at the
fInNn nf his
not in responsible mental state.
Returning to the attack for the
defense, Scott Cameron said ths
state had wholly failed to prove the
murder charge or any other related
charge.
John Sullivan, assisting the prose<
cution, pointed out that Webb'a
statement that the shooting was an
accident does not bring the state to
accept the theory Of an accident. He
said Webb may have thought the
shooting was accidental or knew the
shooting was deliberate and said II
was accidental in order to protect
some one.
Motion Is Denied
The motion was denied and the
jury, which was excluded while the
motion was argued, returned to the
court room.
Making the opening statement for
the defense, Cameron said it would
be shown that the shooting was &C.
cidental, and that Potter and Webb
were close friends and in the habit
Of hunting together.
Covo0rAn co;l S,,o,,1L L. u
that Potter and Webb had often had
drinks together, that there was
drinking at the Potter home on the
night Of the shooting, and that Pot
ter accompanied Webb and BARLEY
to the latter's home. He said they
would also prove that Potter then
went to Bruce Belk's home before be
called for his wife at the apartment
Of her sister.
Cameron said that Potter came
out OF the house when his wife arr
rived with Webb and that the latter
was shot just as he was leaving the
car. Potter, he said, had intended
to put the gun in the car preparatory
to going hunting.
Potter Unconscious
Cameron said it took him and hin
brother-in-law. who went to tho Pot
ter home after the shooting and
found Potter unconscious from tho
effects Of liquor, some time to re-
store him to consciousness.
1t is the contention Of the dc.
tense that Potter was wholly IA.
capacitated when the shooting oc-
CURED and had no knowledge 81
what occurred. Immediately after
the shooting, Cameron said, the de-
tense would show Mrs. Potter tried
to call doctor. Her husband wa
wholly useless in the emergency and
she awakened her son to assist her
in taking Webb to the hospital.
The defense will show, he said,
that Potter not only had no intentien
Of shooting Webb but no desiro -
injure him.
Dave Mcdonald, IN assistant tot
City Engineer T. r. Atkinson, was
the first witness Tor the defense. HI
identified sketch made BY him
showing the district II which IT.
Potter home Is located. The naap
shows the distance from Tho curb g
the sidewalk and the sidewalk Is ~
Potter home and other details =.
garding the vicinity. The witn161
located on the map the poGitions -
the homes Of persons who lived -
the vicinity, some Of whom tostiflo1
Tor the prosecution. He also markS1
on the map the location Of tho noa1e
est street light. s.s
Coafusea q Lights
/ On Observation-Disclosures <ha vnvtAranTnN
WAS uncertain - b tbe Ioeat1o0
lceaeianel = - - q