The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-18
MRS. POTTER Denies /
HUSBAND IS JEALOUS
0RISQuARRELSOME
Admits Accused Man Was Not
Too Drunk to Walk When
Shot Was Fired
INSISTS MATE COLLAPSED
Says Dying Man Told Her
Shooting Was Accidental
on Way to Hospital


Scott Cameron, counsel for the de-
fense in the Ray Potter first degree
murder trial, from the witness stand
this afternoon told how he slapped
Ray Potter's face for five minute(
and talked to him on the night OF the
fatal shooting of Oliver Webb in az
effort to arouse him from q stupor.
He said he tried to get the defend>
ant to 60 to the hospital where Webh
was dying.
Cameron then suggested that tho
jury be taken to the scene Of tha
shooting but Sullivan. assistant
prosecutor, objected on the ground
that the site might have been
changed since the shooting.
The trial was not resumed today
until 2 p. m, being delayed when the
grand Jury reconvened this morning.
and was marked by the first endeavor,
Of the defense attorneys tobreak down
the evidence of a serving maid and q
soldier who had testified for the
state, and the introduction Of two
new witnesses.
Frank Williamson testified that hQ
could not see lights In the Potte4
house from the point where the maid
and the soldier said they heard Pot~
ter curse Webb and Mrs. Potter
Williamson was an unexpected Wits
ness as was H. L. Barchenger, Cen@
ter, brother -in-law Of the defendant
who told Of the arrangement Of the
lights and furniture in the Potter
home. He was excused, however, on
a motion OF the prosecutors.
Franklin First Witness
With the grand jury out of the way
the trial Of Ray Potter was resumed
at 2 p. m. today.
William Franklin. Bismarck police.
man, was the first witness. He previ-
ously had testified for the state.
Franklin said he saw Webb at the
.hospitei and talked with him. The
state again objected to Franklin tell
ing what Webb said to him at the
hospital and an argument ensued on
this point. It was the same argu-
ment which occurred when Franklin
was a witness for the state.
Sullivan went to the library In the
judges chamber to consult the legal
authorities while Cameron telephoned
to his office for some law books Of
his own.
Attorneys Consult Books
Meanwhile the proceedings were al
a standstill
Sullivan selected the legal encyc-
lopedia as his authority while Cams
eron called for another volume.
C,,11{
book and read to the judge at the
bench in low tone. Cameron look
ing over his shoulder. The question
as in the previous argument on this
point was whether or not WebbS
statement to the policeman could bo
considered as dying declaration.
The court overruled the states obs
lection.
Franklin had lost the question from
his mind and it was read to him.
Franklin said he asked Webb three
times how the shooting occurred and
each time Webb answered accident.
al"
On cross-examination the state
brought out that Webb did not ans
plify this statement. Cross-examina.
ton consisted Of but one question.
Finley Baker followed Franklin. H6.
said he had seen Potter's gun at the
house and had taken it from Polico
Chief Chris j. Martineson. There
was no croSS-examination.
Snyder Tells Story
Donald Snyder told how he had
been hunting with Potter shortly be@
fore the shooting. Snyder said h1
handed Potter q shell loaded With
buckshot when they saw some geesd
while hunting. It was In the evenina
and Snyder said he did not thinl
there was any shooting after they
saw the geese. y
On croSs-examination Snyder said
Webb and Rube MalmquiSt were on
the hunting trip. The shells, he said
had originally been furnished 81
Webb.
Snyder said all but Potter tool
their guns apart upon reaching the
car. The group always had beer
careful with their guns, he said.
Their practice, he said, was to tale
the shells out Of the barrels Of the
guns upon entering the car but he
could not say that Potter had un.
loaded his gun at the close Of their
last hunting trip.
Snyder said h. rode home with tae
gun by his side and presumed 1t wa:
unloaded. He saw the gun late- a
Potter's, he said, but paid no atten-
ton to 1t.
Potter conferred with his attorney
before Frank Williamson was called as 4
the next witness.