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

]. crossed to the west side of Eighth
street and proceeded south to the
) corner of Eighth street and Avenue
! B, which is west across the street
r from the Rigler residence, which is
SOP Avenue B. Here, according to
/ the Fort Lincoln soldier, he talked
, with Miss Clausnitzer for about five
, minutes before he heard the shot,
when he said, II guess somebody has
, been shot" Immediately after the
report. he said, a mans voice said,
"You can't pull that stuff on me and
. get away with it." The same voice
then said. "You get into the house or
, Ill shoot you too" The latter
statement, he said, was accompanied
by an oath. He said that he then
saw man leaning against the FEM
der of the automobile. Then the man.
who the soldier thought was the
wounded man, said MARY, I'm shot,
get me doctor, I'm dying" He
then said that man and q woman
went into the house. He thought the
house was dark. Miss Clausnitzer
started across the street to the Rig
Ter house and he left for downtown
without going to the scene of the
shooting, he said.
Domestic Corroborates Testimony
Linda Clausnitzer testified that
she had been domestic at the Rig
Ter home about three months before
the shooting occurred. Her voice
was weak, and attorneys and the
court interrupted her often in an
/ tn ~ al
more distinctly. Objections of the
defense attorneys were numerous,
the court sustaining and overruling
them quickly. She told substantially
the same story as Hawkins, placing
the time between IL p. m. and mid
night.
Counsel for the defense cross-ex-
amined both witnesses closely, MAX
ing certain that the two were able
to see the proceedings on the right
side OF the automobile from their
position. Miss Clausnitzer had testi-
fled that "the man stumbled" pre-
cipitating warm argument between
the prosecuting and defense attor-
neys. Defense counsel claimed that
Miss Clausnitzer testified that Pot
ter stumbled, while the prosecutors
said that the question was ambig-
uous. Re-examined by both sides,
she said that it was the wounded
man who stumbled or fell at the side
of the car shortly after the shot was
fired.
All four attorneys, Connolly, Cam
eron, McCurdy, and Sullivan, regis
tered objections. McCurdy and Con-
molly did most Of the examining but
both sides held conferences often.
1 Potter Was interested
Potter seemed closely interested
in the testimony, though he said
nothing until spoken to by his at
torneys. He occasionally rubbed
both his cheeks and eyes with his
hands.
i Hears, Word Shot
l. Miss Hyland testified that she was
lying awake when she heard the shot.
She immediately left her bed and
went to her bedroom window but
could see nothing, she said. She
then went to two other windows in
the house but could see nothing. She
stood in the door short while, heard
the word "shot" mentioned, recog-
nized soldier on the street, and
then returned indoors. She said the
car in front of the Potter home OBJ
structed her view from the windows
and the door of the house.
She was also cross-examined by
the defense attorneys, but was dis
missed soon.
Alfred Thai testified that he, to-
I gether with Charles Rigler, left the
Rigler residence and went to the
Potter home. AS they arrived at
the walk in front of the home, Mrs.
Potter came from the direction of
the house. A boy, presumed to be
Henry Potter, son Of the defendant,
was leaning over the wounded man
when they arrived, Thai said. He
was scantily-clad and barefoot. Mrs.
Potter and Rigler attempted to lift
the wounded man into the automo-
bile. Thai then asked Mrs. Potter
to allow him to take her place and
Thai and Rigler lifted him into the
back seat of the car, placing him on
the floor because the back seat had
many articles on it. Mrs. Potter
then went into the house for about
two minutes, halsaid, and returned.
The car was described as a two-door
five passenger machine. Thai, whe,
he learned that they were going to
a hospital, suggested that they 60
to the Bismarck hospital.
Drive Car Away
Henry, Mrs. Potter, and Webb
then drove away, Thai said. Henry
drove the car. Thai said this hap
pened between IL p. m. and midnight.
Rigler told substantially the same
story, saying that the time was
between 1880 p. m. and midnight.
He said Webb was lying on the
pavement between the car and the
curb directly in front of the door to
the Potter residence.
They were both cross-examined by
defense attorneys.
Il The court then declared recess
form $3.50 to $40. Several friends
then conferred with Potter and Of
ficials Of the court and spectators
left the courtroom. During the in
PERMISSION, Robert Webb, cousin of
the slain man, carried on CONVERSE
ton with John Sullivan, assistant
prosecutor.
/ Susie Balm, Potter domestic at the
time of the shooting, took the stand
when court was called to order at
/ 3:45 p. m. and was examined and
4 cross-examinctl tor more thar an
hour.
! She testified that she had been the
Potter domestic last winter and that
she had just returned the Friday
preceding the shooting. She said
that she was % years old and a
Estudent at local business college.
| She said that Mrs. Potter had pre-
pared the evening meal during the
AFTERNOON Of, the shooting and that
! their r mother. Shortly before 5 ~ sl m.
Oliver Webb and Michael BARLEY
arrived ct the Potter home, followed
. minute or SO later by Ray Potter.
Il In q few minutes, she said, she and