The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-19
ACCUSED CONTENDS 1
| MEMORY OF EVENTS
AT SHOOTING BLANK
Murder Case Expected to Go
to Jury Thursday After
RebuttaIS
DENIES DRINKING TO EXCESS
Admits He Might Have Shot
Webb Intentionally but
Can't Remember

Ten witnesses who were called by
the state this afternoon as the rebuff
tai in the Ray Potter first degree
murder trial got underway, testified
that they noticed nothing unusual
about the defendant on the night Of
the fatal shooting of Oliver Webb.
All witnesses called by the stats
this afternoon were called with the
apparent intention of breaking down
defense testimony which indicated
that the defendant was in a drunken
stupor when the shooting occurred.
The defense laid its case at rest
this noon after examination of Ray
Potter had been concluded and Scott
Cameron, defense counsel. had TAX
en- the stand
Arguments in the case are expected
tomorrow and it Is thought the case
may so to the jury late in the day.
The seven witnesses, all Of whom
saw Potter before the shooting and
could not say that he was intoxicated.
follow: Theodore Anderson. Webb
Brothers employee; Mrs. j. A. Flow
and A. r. Hoffman, to whom Potter
and Anderson delivered articles the
night of the shooting: M. j. BARLEY.
Mr.. and Mrs. Donald Snyder. Potter
Saturday night visitors; and Elmer
Brown, special policeman.
Webb Empl0yc Testifies
Theodore Anderson, an employe OF
the Webb Brothers store. was the first
witness for the state In rebuttal. ".
He testified regarding Potter's
| actions at the store and said he did
not see Potter take any drinks or
smell liquor on his breath. IS
He said Potter helped him make
some deliveries early in the evening
Of the night on which Webb was shot.
They visited several places. Ander-
son said. and at none of these did he
notice that Potter had been drinking.
The defense objected to the introduce
tion Of the testimony but was over
ruled.
In cross-examination Anderson ad-
mitted that Potter might have had
some drinks without his knowing 1t.
Noticed Nothing Unusual
Mrs. J. A. Flow, to whom Potter
| and Anderson delivered trunk, was
| called TO the stand. She noticed
| nothing unusual about Potter'S
actions.
The defense objected that the state
had not proved that Mrs Flow or the
other state witnesses knew when q
man was drunk or not. The law
books were resorted to by attorneys
to clear up this point.
The defense contended that tho
witnesses could not express an opin-
ion as to whether Potter was drunk
until they had given the facts upon
| which the opinion was based. Their
objection was overruled.
A. r. Hoffman testified that he
saw Potter on the night of the sh0ot-
ing.
P0tter's SObriety Questioned
The defense interrupted to object Ia
Hoffman giving an opinion as to Pot
ter'S Sobriety but was overruled,
Hoffman said he noticed nothing un>
usual. On cross-examination Hoff-
man said Potter might have had
some drinks SO far as he knew.
Father John A. H. Stag, pastor OF
the st. Mary's procathedral. who
| visited Webb shortly before he died
and performed the rites Of the Cath
olic church, said he could not tell Il
Webb had been drinking.
DR.. G. w. Schoregge told Of being
called to attend Webb, and said he
saw no traces Of intoxicati0n on
Webb at that time.
Father Called Again
P. B. Webb, father Of Oliver Webb.
| was recalled and testified that he
made no effort to ascertain II his
son had been drinking. He talked
with Mrs. Potter, he said, and In
quired how the accident happened.
The defense objected to Webb's
relating what Mrs. Potter told him.
saying it was an improper attempt
to impeach her testimony. The At.
torneys again restored to the law
books.
The objection was overruled. Webb
said she told him they were putting
the guns in the car at the time of
the shooting and that Webb was sit-
ting In the car when shot.
He testified that Potter had told
that Mrs. Potter was half q block
away at the time Of the shooting and
to Potter's description Of other de-
tails. Under crosS-examination, Webb
said Potter had told him he was
drunk Ito the ears" when Oliver
Webb was shot.
M. J. BARLEY. called again, denied
having drunk any liquor ct the Potter
lone or Of seeing any drinking. He
aid he never saw Potter In his home
and that Potter did not seem to e
drunk.
Donald Snyder said Mrs. Potter did
not hand him glass Of intoxicating
liquor at her home and saw none
drunk there. He noticed nothing -
indicate that Potter Was intoxicated.
! Mrs. Snyder testified along thp
same lines as her husband. 81
Elmer Brown. . special policeman,
said he saw Mr.. and Mrs. Potter lato
on the night Of the shooting. II
said be noticed nothing unusual ahoiit
him. ~
In hts cross-examination q Pottog.
today. Attorney John Sullivan, -
sisttng the prosecution. made CO..
tinual effort to refresh tho defen3s
ants memory 8 70 details q hi
actions and those of webb anIa
others. on the night q tho xhoottne
| Potter insisted. however. that II
memory was blank from IN hour 6
80 before webb was slot until sevok1
Il - ~. ~ u Z