The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-10-30
BITTER COURT
BATTLE PENDS
FROM HEARING
Funeral Services for Oliver
Webb to Be Held Wednes.
day Morning
MURDER CHARGE FILED
efforts to Secure Lower Bail
Bond for Ray Potter's Re.
lease Fail

That Oliver Webb came to hi
death early Sunday morning "fren
gunshot wounds, apparently from
gun discharged by one Ray Potter,
is the decision reached by = coro
ner's jury yesterday.
The jury's statement came aftel
it had listened to testimony Of Il
witnesses. Testimony offered ut ths
hearing was generally believed K
presage bitterly fought trial if thl
case comes before the district court
which will convene in December.
Funeral services for Oliver Webt
have been definitely set for 8 =. m
tomorrow at the st. Mary's pro
cathedral. Father John Stag will
conduct the services and burial will
be made in st. Mary's cemetery.
Pallbearers, selected from among
his former associates, follow: Pau
Halloran, Paul Homan, James Walsh
Charles McGarvey, Thomas Burke
and Joe Sheehan.
Decision to waive q preliminary
hearing was reached last night after
the inquest by the defendants at.
torneys. Potter is in Jail charged
with first degree murder, the charge
having been filed by States Attor.
ney F. E. McCurdy, Robert Webb, .
cousin of the dead man, and Coroner
E. j. Gobel.
If the preliminary hearing i.
waived according to plans, the CASE
will be referred to the grand jurl
which conven.s 8 again Nov. Is. Nc
Curdy is certain that the jury viii
indict Potter and that the case viii
probably be set for trial in Burleigl
country district court.
Ray Potter, who has been = re4f
dent Of Bismarck for about eigh'
years, is 80 years old. He has beer
employed as a salesman in the Webl
Brothers department store about
two years.
Mr.. and Mrs. Potter have three
sons: Henry, II, sophomore in Bis
marck high school; Frank. Is, alst
q sophomore in Bismarck higl
school; and Elwyn, II, in the sixth
grade.
Efforts to have Fred Jansonius
district court judge, fix q lower
bond for Potter failed yesterday
Jansonius said the case would not
come before the district court, tech
nically, until after the proceedingi
are completed in justice court, and
that he would review the testimon,
given to the coroner's jury before HI
decided whether or not Potter woul<
be released on bonds and what ths
bonds should be.
Relatives Arrange Bonds
H. L. Barchenger, Center, and H
R. Ringoen, New Salem, brothers-in
law Of the defendant, were here Il
arrange for bonds but Jansonius in
formed them that it might be Z weel
before he would be prepared to max,
his decision.
Testimony offered ut the hearing
yesterday tended to show that Potter
fired the shot from which Webb died
In addition, Coroner Gobel said, Pot
ter admitted to the father Of tn
slain man, in conversation Sunday
morning, that he had shot young
Webb but that he did not know why
Testimony offered at the hearing
showed that young Webb, shortl!
before his death, told q policeman
and an attending physician that tn,
shooting had been m accident anl
that Mrs. Potter made Z ststemen
to the same effect. In addition
States Attorney F. e. McCurdy said
young Webb told his father that thl
shooting had been accidental. Wehl
died without simplifying this state
ment and Potter has said nothing
except his statement to . local news
Continued on Pare Twcl