The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-20
VIVID IMAGINATION
USEDBY WITNESSES
IS DEFENSE CHARGE
McCurdy Calls Defendant a
CoId.BIooded Killer in
Jury Address
PICTURES WIFE AS SHREWD
Cameron Points Out Accused
Had No Motive for Shoot u
ing His Friend I
PICTURES WIFE AS SHREWD

Utk ITO VtI0vtO
L. H. Connolly addressing the Pot
ter murder trial jury this afternoon
In district court called the Webb
shooting "a tragic accident" and
asked for a verdict Of not guilty.
Connolly. counsel for Ray Potter
accused of killing his friend. Oliver
Webb. closed the defense argu-
meht at 1852 o'clock after he had
climaxed his plea with the statement
that the defense had proven Webb'S
death was not q murder but an acci-
dent.
"A remarkable Witness" Connolly
said. describing Mrs. Potter, wife Of
the defendant, as he resumed the de-
fense argument this afternoon after
the noon recess.
Delineating on his remarkable
assertion, Connolly said that despite
the fact that Mrs. Potter was con-
valescing from illness. she had TAX
en- the stand for three hours without
the state being able to confuse her
testimony or obtaining from her Z
single contradictory statement. ~
John Sullivan, Mandan. counsel for
the state. will present the closing
argument to the jury after which the
case will 60 to the jury.
Connolly Resumes Argument
Resuming his argument after the
noon recess, Connolly said Mrs. Potter
was in his Judgment, q remarkable
witness in that she was on the stand
three hours and the state was not
able to confuse her testimony or OBJ
tain from her single contradictory
statement.
He said he was not asking SYM
pathy for the defendant but only
justice, asserting that the defense had
taken upon itself the burden OF prov
ing that Webb's death was not q MUIR
der but a tragic accident and that 1t
had succeeded.
Connolly stressed the point that the
defense Is not asking for compro-
imse verdict but for verdict Of not
guilty.
Connolly closed his argument at
2:52 o'clock and lO-minute recess
was taken.
Attorneys for the defense began
VAACAA al 6OutCut VA44O llllIk, sCIl6le
longing the testimony Of witnesses
for the state in numerous particulars.
They repeatedly attacked the eW-
dence given by Fort Lincoln soldier
and Linda Clausnitzer. his girl friend
serving maid, that Potter had cursed
Webb and Mrs. Potter Immediately
after the shooting and also attacked
their statements as to what they saw
at the scene Of the shooting.
Pointing out the fact that they
were 800 feet from the shooting scene
and that 1t was q dark night, tho
defense said 1t was impossible for
them to see what they said they saw
because OF the darkness, the distance,
and the fact that the automobile in
which Webb and Mrs. Potter had
been riding was IN such q position as
to prevent their view.
Had Vivid Imagination
Citing the points in which their
testimony was not in agreement, the
defense charged that their testimony
was largely the result Of q vivid Inn
agination. The same charge was
made against the testimony Of Susie
Balm, maid at the Potter home,
who testified that she knew the sound
OF the starter on Webb's automobile
after having ridden In the machine
only once.
Scott Cameron, chief Of the defense,
counsel, pointed out that Webb was Z
close friend Of the Potter family and
that Potter had no motive for shoot
ing him. The state. he said, had
shown no motive because there WAS
none. Had Potter wished to kill his
friend, Cameron said, he easily could
have done so while they were hunting
together, as they did every weekend,
and no suspicion would have attached
to him.
It would have been better for Pot
ter, he said, If he were not drunk ct
the time Of the shooting. since he
then could have made hts own ex-
planation Of the shooting. As 1t Is,
he said, Potter could not tell what
occurred because he was too drunk
to know what had occurred. {
Says Testimony Disagreed
Cameron, speaking the argument
for the defense. pointed out the diff
ferences between the testimony Of tho
soldier, Hankius, and the girl, Linda
Clausnitzer.
This. he said, probably was due to
the fact that two imaginations were
running riot without q chance to
compare their notes.
Mrs. Anderson, living next door to
the Potter house, he pointed out. did
not see what the soldier and the GIRL
saw despite the fact that the cat
blocked their vision and there was no.
such obstacle to Mrs. Audersou'S
sight.
Cameron contended that the eixt
and the soldier could not have sesn
what they said they saw because ot
the position Of the car. q
Susie Bahn, the Potter's maid. alo6
brought vivid imagination tnto
play, Cameron SAID.
Girl Was Sleepy
The fact that the girl had hoen
asleep makes her testimony open %
challenge. He Contended tho MI
could not possibly have ldautiftod IA
gun as Potteris since Glae ~ e onlV
In the dark after helng oWakeood. :
The GIRL also extended leroe3f. hA
said, when abe Mentified Wobb's car
By the sound q tho starter. He con-
tended that the jury stou1d direGrl
the entire testimony q 0u1e Dolat
Linda Clausuitser. ana tho ooa1l.
CONTINUED en page ll41s -
-1'---