The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-07
WITNESS TELLS
HUNTING PARTY
PREPARATIONS
Continued from page me T,

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street lights on ncighboring streets
DR.. A. NJ. Fisher was called t.
testify regarding the physical con
dition of Mrs. Potter. Efforts tt
have DR.. Fisher testify met with OBJ.
Election from the state.
The defense then asked permits.
sion to have Mrs. Pottcr's testimony
taken at the hospital and read to the
Jury.
Sullivan Objects
Sullivan objected TO the court
ruling on the motion ut once and
suggested that the other defense
witnesses be examined and give Mrs.
Potter time to recover SO that she
can come to the court house in per-
son.
The defense insisted that Mrs,
Potter's testimony is most import
ant and must come first.
Answering a question by the
court, DR.. Fisher said Mrs Potter
might be able to come to court early
next week. He also advised against
taking her deposition at this time.
Suggests Adjournment
The court suggested that the de-
Tense put on what witnesses it can
and that after that the case be ad-
journed until Monday.
The suggestion was adopted.
Kelly L. Belk, Northern Pacific
agent at Sterling, testified that he
went to the Potter home shortly
after 8 p. H., October q. and
stayed Is or 20 minutes. Potter,
Webb and BARLEY were there, he
said. They were "quite intoxicated"
He said there were three glasses
with spoons or the table. He took
drink with Mr.. Potter as he was
leaving, he said.
Under cross examination by the
state, Belk said that there was al
cohol in the bottle.
Policeman William Franklin who
had been witness for the state was
recalled as witness by the defense.
He was asked again regarding his
! visit to Webb at the hospital.
The court sustained the states
objection on technical grounds to
Franklin telling of his conversation
with Webb until the defense proved
Webb was dying when the CONVEX
sation was held.
Move For Continuance
The defense then attempted to
prove by the witness that Webb
knew he was dying. Failing in this
the defense moved for continuance
Of the case until Mrs. Potter could
appear. The court held that no
proper legal foundation had been
laid for the presentation of testi-
mony regarding Webb's statement to
the policeman, the state contending
it had not been shown that Webb
knew he was going to die.
Franklin. was excused and DIR.
Hansen, the hospital inferno, was
called. He said he heard Webb say
he knew he was dying. The physi-
clan said Webb appeared to be in
full possession of his faculties for
some time after he came to the hos
pital.
The state bitterly resisted the de-
PENDANTS attempt to place Webb's
statements at the hospital in the
record, the court sustaining the
states objections. The legal duel
continued, the state objecting to all
of the deferse questions. The de-
Tense finally dropped the effort to
get DR.. Hansen's conversation with
Webb into the record and tn. state
took up the cross examination.
Just before recess was taken for
v1Yvnh $nl0~ thu cfo%
that it is ready to rest it's case but
asked for time for a conference Of
attorneys before doing SO.
Attorneys for the defense indi-
Gated that they will re-examine some
of the witnesses for the prosecution
to bring out some points which were
not touched upon when they were
witnesses for the prosecution.
The total number of new witnesses
may not exceed half dozen, it was
indicated, but they are expected to
take considerable time. There is q
possibility, defense attorneys said,
that arguments will be presented to
the jury tomorrow but it appeared
more likely that these would not be
made until Monday. The arguments
are expected to take half day.
Mrs. Potter, who was i'll in the
hospital yesterday, is better today,
attorneys said.
Potter sat through today's session
without any display of emotion but
his face showed visible pride when
his oldest son, Henry, 16, was on the
stand as a witness for the prosecu-
ton.
Mrs. Snyder Testifies
Mrs. Donald Snyder, a member of
the group which gathered at the
Potter home on the night of the
shooting, was the first witness.
She told of preparations by Pot
ter, Webb and others to 60 hunting
the next morning and of her trip
down town with Webb and Mrs. Pot
ter. They left Mrs. Potter off on a
down town corner and returned
shortly to the Potter home, she said.
Under cross-examination she said
she saw no ont. take any drinks dur
ing the evening.
M. J. Bentley, another visitor to
the Potter home on the night Of the
shooting, said he had not met Potter
before the night Of the shooting, but
had known him by sight for a year.
He had known Webb for two years,
he said. y,
BARLEY said he went to the Potter
home with Webb and that Webb and
Potter had planned to go hunting.
There was q question, he said.
whether they should leave that night
or the next morning.
While Webb went to get the Sny.
ders, BARLEY said, he read the news
paper while Potter was doing some
thing in the kitchen. He saw moth
ing unsual about the house or the
demeanor Of the persons who gath
cred there.
His story as to the trips made by
Webb during the evening was the
same % told y other witnesses.
He said after Webb had taken the
Snyders home and had taken Mrs.
Potter down town that Webb and
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