The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-20


drink or more just before assembling
at Potter'S.
Cameron alleged that both BARLEY
and Snyder denied drinking because
they were afraid of their wives and
afraid to contradict on tho witness
stand what they told their wives 1T
home.
Cameron denied that he had been
employed IS an attorney Immediately
after the shooting but reiterated his
statements OH the witness stand that
he had found it difficult to awaken
Potter after the shooting.
Scores Trick Questions
He charged the state with asking
Potter number Of trick questions
which apparently tended to indicate
certain things but which were not fol-
lowed up with proof.
Denying the imputation that the
defense had fabricated story for
the jury. Cameron said 1t would have
been better for Potter II he had been
sober.
Mrs. Potter, he said, was very ex-
cited following the shooting and could
not be held wholly responsible for
the accuracy of her statements at that
time.
The father of Webb, he said, was
under the same strain and might
have been similarly inaccurate.
Webb Supports Defense
The first witness to support the &C.
cident theory of the defense. Cameron
said, was Mr.. Webb. who testified that
his son said the shooting was an &C
cident.
The defense emphasized the dying
declaration of Oliver Webb that the
shooting was accidental. The dead
man, Cameron said. was the only
man who knew if the shooting was an
accident and he said repeatedly that
it was.
Cameron finished at II: AS a. m. and
Louis H. Connolly. also defense coun-
sci, took up the argument for the de-
Tense. He said he was in the case
as friend Of the Potter's Of long
standing.
Mrs. Potter ShFewd'
Jurors yesterday heard Mrs. Potter
pictured as a woman with q shrewd
and active brain who started PLAN
ming a defense for her husband with
in a few minutes after the firing OF
the shot which caused WebbS death.
The verbal picture was drawn by
States Attorney F. E. McCurdy of
Burleigh county who presented the
opening argument for the state late
in the afternoon. The taking of evt.
dence was completed about 4 o'clock
and McCurdy took an hour for his
address to the jury. Additional argu-
mants were to be presented today.
Commenting on the contention OF
the defense that Potter accidentally
shot Webb while under the influence
of liquor. McCurcy charged that Pot
ter was not drunk at all when the
shooting occurred but that he prob
ably got drunk afterward.
| Acted Immediately
Picturing the mental processes OF
Mrs. Potter as they appeared probable
to him. McCurdy said that Webb no
sooner had been Shot than Mrs. Pot
ter launched plans to save her hus-
hand from the consequences Of his
deed. The first thing she did. he
said. was to attempt to hide the gun
The next thing was to take Webb to
the hospital which she was careful
to do only in company with her SON
On the way, he said. she probably
hammered into Webb's mind the idea
that the shootir~ was accidental. The
next thing she did. he said. was to OBJ
tain the services Of q lawyer and place
her husband under the shelterinn
wing of leral counsel so that he would
make no ill-advised statements
The contention Of the defense, sup.
ported by the testimony Of its Wit.
nesses, is that the shooting was acct.
dental and tr~+ Potter was DRUM
r'-,n 1t occurred.
Potter was r, '','--,7ted srectatol
oc NcCurdv tod the j,irv that he va!
= c,d-','crded killer. n yeritable saw.
go who shot Webb down like dol
md then laft -'.n to die on the curt
nc street v-''-,ut aid or asslstanc,
Of INV kind. The evidence shows. hi
said. that Potter even attemnted II
prevent rs wife from going to Webb
assistance.
Defense Surprises
Thirteen w.t. -sses testified for tn
rtate In rebuttal yesterday afternoon
hit the def.n-e made surprise NOV,
when it rested It's case without intro
ducine evidence in surrebuttal.
/! Most Of the states witnesses wer'
called to prove that when Potter lef
the store whore he was employed OF
t'-e r'rht ri th~ steotin9, ne Showes
M ei~ns of havin0 taken five drink
Of linuor, Is he said he did.
4 Others were called TO toGtify tina