The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-07

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! The defense cross-examined Bart
ley closely with regard to Potter
| visit to the kitchen and what ha,
been talked about, asking if liquo
had been discussed.
BARLEY admitted having taken ,
drink Ct alcohol with Webb at hi
room but denied that he saw anyon,
drink at Potter's house.
He denied having told Bruce Bell
that Potter had gone with him ant
Webb to the BARLEY home but adj
mitted knowing Belk. He said h
had noticed nothing to indicate Pot
ter had been drinking when he frs
met him that night.
He said he did not eat supper unit
after IL o'clock but wasn't hungr,
while at Potter's. His drink will
Webb was taken on an empty stom
ach, he said.
Mrs. Barley testified that wher
she came home at IL o'clock shs
found Webb there with her husband
but that Webb left soon after.
BARLEY was recalled and asked by
the defense If he had been driving
a car two years ago when an acct.
dent occurred in which man was
killed.
Objection Is Upheld
On objection by the state the
question was stricken out as i'm.
proper cross-examination. BARLEY
was excused again.
Mrs. Della Kruger, Mrs. Potter's
sister, said she was at her home in
the early part of the evening and
again later in the evening. She said
she met Mrs. Potter in her room and
that Mrs. Potter remained until
1880 p. m. Potter, she said. came
to the room but didn't come in, and
Mrs. Potter left with him.
She heard Potter in the hall, she
said, and invited him in but he did
not come in. Potter explained that
he was looking for "Dooley" q nick.
name for Webb, to 20 hunting.
About 11:15 o'clock Mrs. Potter
came to her room and remained five
minutes.
Mrs. Potter had returned to get
some articles she had left there
Mrs. Kruger said.
Under cro ss-examination Mrs,
Kruger said Potter staggered in the
hall and talked indistinctly and in q
drawing voice. Mrs. Potter put on
her coat when Potter appeared, the
witness said, and left with her hus-
band.
When Webb came to her place
with Mrs. Potter late at night he
appeared very drowsy, the witness
said, and remarked that if he ever
got to bed he wouldn't get up.
L. Kleppe, who lives near Potter's,
was called but the lefense objected
that he had not been listed as a wit
ness. The objection was overruled.
He said he was awakened and was
almost asleep again when he heard
a man say "I'm shot. I'm shot. Call
a doctor" Kleppe said he then called
the police. .s
William Franklin told how he was
called to investigate a. shooting and
went to the Potter home in response
to telephone call. Potter answered
his knock but said he had not put in
police call. Asked if Franklin
could use his phone, Potter gesturcd
toward the instrument, Franklin
said, and he went to it. l..
Franklin said he asked the source
Of the first call and talked with Har-
old Griffith, who lives in the same
house with Kleppe asking about the
call. He then went to the Griffith
house and then to the hospital.
Franklin Visited Hospital
At the hospital, he said, he saw
Webb, and woman who he
learned later was Mrs. Potter. He
then went downtown, found Police
Chief Chris Martineson, and they
went to the Potter home.
The house was dark but they
walked in and found a girl in one
room and two boys in the other
They also found a shotgun. Mar
tineson, he said, turned the CUR
over to Finley Baker to take care
Of it. They did not see Potter at his
house but saw Mrs. Potter shortly
before they let, Franklin said.
Under cross-examination Franklin
said he smelled liquor when he
talked with Potter but didn't know
if the liquor smelled were on Pot
ter's breath.
Mrs. Cora Anderson, another
neighbor of the Potters, also testi-
fled to hearing shot near the Pot
ter home on the night Of the shoot
ing. She arose, looked out the win
dow, saw a woman standing near q
car and heard someone nearby cry
out. The woman, Mrs. Anderson
said, kept running from the car to
the house and back again, making
four or five trips. The woman, she
said, was Mrs. Potter. She saw o
dark object lying near the automo.
bile but could not distinguish what
it was.
Under cross-examination Mrs. An.
derson said she went to the window
as soon as she heard the shot anc
heard someone chout for q doctor
and assert that he was dying.
Henry Potter, 16, son Of the de.
PENDANT, was called by the state ane
testified to driving his mother ane
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turned home and then went back tx
the hospital where he got his mother
They then made numerous trips bach
and forth from the Potter home K
the Cameron home. Mrs. Potter ane
Mrs. Cameron went to the hospita
and later returned to the Potter
home and ther. back to Cameron's.
The boy was not cross-examined.
States Attorney F. E. McCurdy
annouced that the state was about
to rest its case but asked for con
ference Of attorneys before doing
so.
Eight Testify Yesterday
Eight Of the states most impor-
tant witnesses took the stand, as the
prosecutors developed their case
yesterday afternoon, establishing
some Of the events Of the night Of
the shooting BY their testimony.
Witnesses testifiying during the
afternoon session were: L. p
Hawkins. Fort Lincoln soldier, and
Linda Clausnitzer, Rigler domestic
who were block away at the time
Of the shooting; Miss Leone Hyland