The Bismarck tribune., 1928-12-06
FATHER STATES
DYING SON SAID
WAS ACCIDENT'
Says Defendant Told Him Gun
Had Gone Off Accidentally
Several Times
ASKS QUESTION IN COURT
Go on in House or I'll Kill
You Words Heard, Wit
ness Testifies


Apparently nervous and agitated,
P. B. Webb, father Of Oliver Webb.
took the witness stand today in the
trial of Ray Potter, charged with
first-degree murder of his SON.
He told of his conversation with
his son just before the latter died
and Of his conversation with Potter
the following day. He said both his
son and Potter told him the shoot
ing was an accident. He had not
talked with Potter since October 2e,
he said, except to speak to him on
the street and yesterday in the court
room when Potter's trial got under
way.
Once, in replying to a question as
to what Potter had said to him, Mr..
Webb said Potter told him the gun
had gone off accidentally; that the
weapon had done this several times
before and that he should have
thrown it away years ago. II think
you said you should have thrown it
away three or four years ago, didn't
you Ray?" he asked of the de.
fendant who sat near the witness
stand.
Potter made no answer and his
counsel explained to Mr.. Webb that
the defendant could not be expected
to answer the question.
1T Was Accident
Mr.. Webb was very nervous and
talked hurriedly at the start. Later
he appeared calmer and talked more
slowly.
Telling how he was called to the
hospital, he said that he found that
his son was suffering terribly. He
said he asked his son: "Oliver, how
did it happen y" His sons reply was
ut was an accident"
He said his son knew he was 60
ing to die and was in great pain but
was suffering too much to 70 into
details regarding the shooting. Mr..
Webb said he saw Mrs. Potter and
Mrs. Scott Cameron at the hospital
but did not see Mr.. Potter. He saw
Mr.. Potter the next day, he said, but
has not talked with him since ex-
cept to pass him on the street and
that he saw him yesterday in the
courtroom.
The cross-examination consisted
Of two questions and developed that
Potter voluntarily went to see Mr..
Webb and that his son was con-
scious and recognized him when he
came to the hospital.
Failure of the soldier Hankins to
appear when called caused Judge j.
A. Coffey to issue warning that he
was not going to hold up the pro-
ceedings and spend half the courts
time waiting for witnesses. He said
any who were not on hand when
called in the future will be fined for
contempt Of court. New subpoenas
were issued for all of the witnesses
and they were instructed to remain
on call until excused.
The trial was halted nearly half
an hour until the soldier Hankins
arrived. He said he and Linda
Clausnitzer were going home from
show when they heard shot fired
in the same block. He said an auto
mobile was in front of the house
where the shot was fired and that
his attention was drawn to the scene.
by the shot.
Coroner E. J. Gobel told Of taking
charge of Webb's body and Of his
part in the autopsy.
He said he saw q man and q
woman standing and third person
apparently lying on the fender Of,
the automobile.
Cross-examining for the purpose
Of laying an objection to a question
by the prosecution, the defense
brought out that it was dark and
that Hankins knew none Of the per-
sons involved. The question to which
objection was made was one asking
Hankins what he heard after the
shot was fired.
The defense contended there was
no showing that the shot which Han
kins heard was the one which killed
Webb. The objection was overruled.'
Hankins said he heard q man says.
"Go on in the house or I'll kill YOU ~
followed by an oath immediately
after he heard the shot.
An attempt by the prosecution to
refresh Hankins' memory met with.
objection. !
He was still on the stand when re-
cess was taken for lunch. :
The opening statement to the jury
was made for the prosecution by
States Attorney F. e. McCurdy. :
Makes Prosecution Point :
The defense made no objection to
the form Of the indictment returned
by the grand jury Is read to the
trial jury by McCurdy. |.
Outlining the prosecutions case
McCurdy said he expected to prova
that Webb and Mrs. Potter went to-
the Potter home late on tho night
Of October q when the shooting Of
Webb occurred.
He outlined the happenings Of tho
early part Of the evening in the
same manner 40 related BY witnessed
1t the coroner's inquest, saying that
Webb, along with . number ~
other persons, had gathered at tho.
Potter home and that Potter, Wabk
and several others had intended q.
60 hunting. The hunting trim hoVa
ever, was abandoned becanoo 0O1
Snyder, one Of tho prospective 49,
ers, had injured his arm.
McCurdy related the dotnns o1s
various members 81 tho group lfouD,
the start Of the evening until th1'
time Of the shootin9, rsyiewing thqI
! CONTINUED O pase txol ;