The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-09-22
MIKE MARbACK IS
GIVEN HEARING ON
SHOOTING EPISODE
MAGISTRATE Takes no Action But
Indicates He Might Re.
duce Charge
FIVE WITNESSES ARE HEARD
|Neighbor and Policeman Test.
fy Defendant Was lntoxi-
Gated at Time
FIVE WITNESSES ARE HEARD

A preliminary hearing for Mike
Marback. charged with assault with
a dangerous weapon in connection
with the shooting of John Martin
Sept. /, was conducted Monday aft
ernoon before Police Magistrate Ed
ward s. Allen. Later Allen said he
will take no action in the case until
Oct. 3.
Martin and Adam Millius, q neigh
Dor Of Martin and Marback, and
three Bismarck police officers were
witnesses at the hearing.
Just before adjourning the hearing
until 2 p. m. Oct. 3, Allen said hi
was not inclined to hold Marbacl
on the charge of assault with q dan
gerous weapon, but would consider
reducing the charge against him
probably to a charge OF unlawful dis'
charge Of q firearm.
The defendant is accused Of shoot
ing at Martin and his daughter twic'
through the kitchen door of his hom'
at 3l4 Tenth st. south, which Is i'm
mediately south Of the Martin home
Martin and his daughter were abou
100 feet from the Marback kitchen
door at the time of the shooting. tn
defendant claims the gun, . .12-gaug
| pump shotgun, vas discharged acct
| dentally twice while he was cleanin
it. The shooting occurred early il
the evening"
Say Marback intoxicated
Millius and R.. H. Hamro, police
man, testified that Marback was In
toxicated shortly after the shooting.
Millius said he had been drinkin
beer with Marback at the latter
home about half an hour before tn
shooting and that Marback wa
"about two-thirds shot" before Nil
Illus left for his home.
After the shooting, Millius testi
fled, Marback came running to tn
| Millius home and said to him, Com
along with me, Adam, something hs
happened"
Arriving at the Marback hom'
Marback said II shot a guy" accord
ing to Millius' testimony. In til
kitchen, Millius continued. Marbac
said II didn't do it. That son Of
gun right there did it," and he point
ed to q shotgun on the table.
Millius said that Marback aske
him to kick out the panel In the doc
through which two shots had bee
fired, but he refused to do 50. Mi
Illus then grabbed the gun. accordin
to his testimony, and rushed fro'
the house, hiding the gun in the gra'
near the corner of Sweet avenue an
Tenth street south.
Millius said he returned to tt
Marback house. where q crowd ha
gathered, when the policemen. VIII
lam Cleveland and Hamro. arrive
When someone accused him OF doir
the shooting, Millius said, Marbat
told the police officers that he hin
self had done the shooting.
Martin testified that he was worl
ing in the garden In the searly ev'
ming and that his daughter, Ellis
beth, who will be three years old ne:
March, was with him when the tv
shots were fired.
He said the first shot struck hi
but that the girl was not struck VI
til the second shot was fired. I
said he did not think anyone vi
shooting at him. He rushed fro
the garden with his daughter, paal
, ming to go to q doctor tmmediate]
according to his story. He said ]
; told Marback he had been shot Wit
the latter asked him what the ma
. ter was as he rushed between Il
two houses.
Were on Friendly Terms
; He testified that he knew OF
, reason why Marback should sho
, him and said that they had been
! friendly terms for the Is mont
they had been neighbors. Mart
bought the house from Marback
April, 1880. he said. :,
He said he was wounded In Il
breast, arm, head, knee. and loot 81
that the doctor told him he had nj
wounds.
! Police Chief Chris J. Marines
; identified the gun, three shotg!
shells, and one empty shell as exhi
its taken from the scene OF the shoc
! ing.
> He said that the shell holes throu|
the door were about rs and 80 inch
, above the floor and that Marba
= could not have seen Martin when
a shot because the door must have be
. closed and because e. window was
s high to permit him seeing in the II
Of the shots.
Cleveland and Hamro testified !
garding the finding Of the gun. Tn
: said Marback offered no reSistar
; and went with them to the pol
station willingly.
: Allen said that he will visit I
: Marback home to look oyer the k
a chen In regard to the shooting beft
making . decision In the case.