The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-05
DEFENDANT IS
CHARGED WITH
WEBB MURDER
Questioning Of Jurors Indicates
Accident Will Be Defense
Policy
500 LINE AGENT EXCUSED
Uncertain When Jury viii Be
Complete, as Challenges
Are Used Freely

Only one juror had been excused
for cause but five had been removed
from the panel by peremptory chal-
lenges when the trial Of Raymond
Potter, charged with the first-degreo
murder Of Oliver Webb, was recessed
at noon today.
Potter sat with tightly compressed
lips as the slow process of selecting
jury went forward. His face was
pale and occasionally he swallowed.
Otherwise he showed no emotion ~
lawyers questioned prospective jur.
ors regarding their qualifications.
Bearing out the previously an
nounced policy of contending that
the shooting Of Webb by q man who
had long been his friend was an ac-
cident, attorneys for the defense
questioned the jurors closely AZ to
their attitude il some evidence indi-
Gated that the shooting was an acci-
dent and other evidence tended to
show that the shooting Of Webb was
deliberate. The defense also insist
ed on knowing from each juror If he
would stand by his settled conviction
regardless of the attitude Of other
jurors after the case was given to
the jury.
Once the defense asked if juror
had any personal objection to the
use Of intoxicating liquor. In =
statement to Bismarck newspaper
man shortly after Webb's death Pot
ter said that the group which had
intended to go on q hunting party
had been drinking. This statement
was partially corroborated at the
coroner's inquest by Bismarck po-
liceman who said he thought Potter
had been drinking when he talked
with the defendant shortly after the
shooting.
| The juror excused for cause was
L. 4. Thompson, agent for the 500
line railroad. He said he did not
think he should sit in the case but
said he found it hard to explain why.
although he had an idea that it
would not be right to do so. Judge
J. A. Coffey Of jamestown, who is
presiding, sustained the defense
challenge for cause, although the
prosecution questioned Thompson
closely in an effort to show that he
should not be disqualified.
Since the defense and the prose-
cution have 20 peremptory challen-
ges each in q first-degree murder
case, it was regarded as uncertain
when the work of the selecting the
jury would be completed. Indica-
tions were, however, that the taking
of testimony probably will not start
until tomorrow.
Although the case has attracted
considerable interest here and the
courtroom is expected to be crowded
when the taking of testimony begins,
only few spectators were on hand
this morning. Most of those present
had been ordered to be on hand for
possible jury duty.
Except for his attorneys, Scott
cameron of Bismarck and L. H.
Connolly Of Mandan, Potter sat
alone today. His wife is i'll and
none of his other relatives were in
evidence. No relatives Of the dead
man were to be seen in the court
room.
Several Of the prospective jurors
admitted knowing both Webb and
Potter and one said he had lived
next door to Webb for several
months. All of these still were in
the jury box when recess was taken.
The first twelve jurors drawn
were Philip Schuh, Regan; Alfred
Jameson, Arena; Lloyd Gosney,
Braddock; c. r. Crawford, Moffit;
L. K. Thompson, Fred Ode, Price
Owens, Theodore Quanrud, j. w. Ri
ley, Steve Morris and w. B. Couch
Of Bismarck.
OF these Thompson was excused
for cause and Couch, Ode and Nor
ris were dismissed by peremptory
challenges by the state. Riley was
challenged by the defense.
Their places were taken by Paul
Eddie, George Hedrix and B. K
Skeels of Bismarck, M. I. Sawyer,
Driscoll; ]. J. Brase, Arena and A
L. Marvel, Brittin. Eddie later wal
excused on peremptory challenge
bv the defense.