Billy's trial continues for 2 more days the following week in Devils Lake, Dakota Territory, for the murder of Patrick McWeeney. The local newspaper covers the trial in detail.
Transcription of Devils Lake Inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]. 8 May 1886. Page 1. Columns 2 & 3.
MANSLAUGHTER.
That is the Verdict in the Oswald Case.
A Motion Taken for a New Trial.
If denial an Appeal Will Follow.
Oswald Going to the Grand Forks County Jail.
Report of the Testimony and Arguments.
The INTER-OCEAN went to press last Friday evening at the close of that day’s session of the district court. A careful resume of evidence and the proceedings taking place since then has been made and is herewith presented.
When the court opened Saturday morning the jurors appeared clean shaven; the judge wore a large wild rose plucked by his own hands from the virgin prairie; Col. Warner wore his usual happy smile; Attorney McGee eyed the judges boutonnier and twisted the corner of his mustache; District Attorney Morgan looked sleepy, from the effects of sitting up with the grand jury, Dr. Erwin slapped the INTER_OCEAN on the back and said,” By gad, it’s awful.”
James Doyle was called by the territory and sworn; was in Boeing & Doyle’s saloon on night of December 31, 1885: went in there with Dan Blue about 10 minutes before the shooting: saw defendant, Oswald, there during that time; saw no weapon in his hand; defendant stated that he was going to “turn himself loose.”
Cross-examination by Mr. Erwin. -- It was after the shot was fired into the wall that he made that statement; it was the next day that he told anybody about this statement: told his partner, Alex Campbell; did not know Oswald; know McWeeney by sight; did not think Oswald was out of the way as regards drunkenness.
On re-direct examination witness testified that he saw a revolver in the defendant ’s hands when the shot was fired into the wall; it was about a minute after the shooting that McWeeney entered; told Mr. Morgan about this yesterday evening.
[John] A. McDougall called by the prosecution; reside[s] in Devils Lake at present; was in Boeing & Doyle’s saloon on the night of December 31, 1885, when McWeeney was shot; was in the back part of the saloon with McWeeney entered; saw weapons and Oswald’s hand before Mr. McWeeney entered; saw a knife which he was stabbing into the counter; then saw Oswald with the revolver which he fired into the west wall; when McWeeney entered Oswald went up and put his hand on McWeeney’s shoulder and said, “ You Irish s-- of a b----, come up and have a drink with us.” They walked up to the bar and leaned on it; McWeeney said, “Don’t call me that; you can call me an Irish rascal, but please don’t call me that”; Oswald said, “well that’s what you are,” and he hit him with his revolver in the face and then McWeeney knocked or pushed him down; Oswald fell on his right side; then rolled over on his left and commenced to fire; he fired one or two shots; after the first shot McWeeney turned from Oswald and went southwest of the stove; he turned and just before he went down he raised his hand and said, “Billy, you are way off.”
Cross-examination by Mr. Erwin --Was sworn before the corner and swore that Pat followed him up and stood over him and Oswald fired; believes he swore before the coroner that McWeeney stood still; testimony was read over to me. Was sworn before the magistrate; sworn before corner as to Oswald’s drawing pistol while on the floor, (testimony shown him); it is not there, but I swear to it just the same; Oswald had been having a good time before McWeeney entered the saloon; testified here that Oswald struck McWeeney in the face with his revolver.
Mr. Erwin. -- What you asked this question before the magistrate by Mr. McGee: “Do you know whether or not that revolver struck McWeeney’s face?” and did you not answer: “I could not say”?
Witness-- I could not say whether I answered that way or not.
Mr. Erwin:.-- Why can’t you remember?
Witness-- I can’t say; simply because I disremember. Can’t swear now positive that I did.
Witness had not talked with anybody since he was examined before Justice Wishart; witness denied that he wanted to evade a promise to swear this way; witness said he would swear Oswald slapped McWeeney on the face; said he testified then (before the magistrate) to the truth, for the thing was fresh in his memory. McWeeney followed up after Oswald very close, but it was not very close when he was following him; it might have been a foot or two; Oswald was trying to put his revolver into his pocket when he went down on the floor; witness thought he had a perfect memory of what took place there; he made a statement before the corner; it was not by question and answer. Mr. McGee may have asked some questions.
Wm. J. Hurst called and sworn by the prosecution. Was in Boeing & Doyles saloon on the night of December 31, 1885; was there the last time between 10 and 11 Dr. Ruger did the probing did not know whether the probe pass easily into the heart to heart wound was necessarily fatal death resulted from hemorrhage of the heart there was a slight abrasion on the left cheek cross-examined by Mr. Erwin there was a deco Noces of the heart round she was an abrasion was not made by direct blowo’clock; went there at notice from McDougall; got there just as they were lifting him from the floor, as undertaker took charge of the body; there was a small three cornered abrasion of the skin on the face under the left eye; found one wound in the left breast, about 2 inches right of the left nipple; a wound on hip and one in the back. They were bullet wounds; they were fresh and the one in the back blood badly. (Clothes of McWeeney produced). Took them off McWeeney’s body and have had possession of them ever since. (Holes in the clothes shown; the stains on the shirt and underclothes offered to the prosecution in evidence,) Can’t say how soon I got the body after the shooting; they were just raising it from the floor as I came in; found no weapons on McWeeney except a very small pen knife which I gave to Mrs. McWeeney; also found a watch and chain, a few small old-fashioned pieces of coin; bullet found inside the pants and drawers next his skin, (bullet produced) found half a pint of whiskey in his hip pocket.
By the judge. Found pet knife in his pocket; knife we shut.
H.C. Hansbrough called. Am editor and publisher of INTER-OCEAN. Was at the old settlers’ dance in the evening. Went to Boeing and Doyle’s saloon after the shooting of McWeeney; was close to McWeeney’s body saw a small wound on his left cheek; wound almost square one quarter inch wide, five-eighths inch long; it appeared to be fresh; was flowing a little blood. Saw McWeeney about 15 or 20 minutes before that time. Did not notice any such wound on his face at that time.
John F. Cowan was called and testified that he is principal of the public schools; identified copy of the evidence before the coroner which he took as clerk of the jury; questions were asked by Attorney McGee and the corner; took only the substance of the testimony.
Thos. H Sheckler resides in Devils Lake; is pastor of the M. E. church in this place, saw the remains of McWeeney; there was a small wound, cut or bruise on the left cheek.
Wm. T. O’Donnell called by the prosecution. Is a physician and surgeon; has practiced medicine about 27 years; made the postmortem examination on deceased; found three wounds, one on the hip was a flesh wound and was probed about 9 inches. At this point the witness refused to give expert testimony without pay. The judge directed him to proceed and the allowance would be made. The wound was superficial. The second wound was an opening just beneath the sixth rib, four and a quarter inches from and to the right of the nipple. There was an opening in the right ventricle of the heart, a circular and ragged opening. Did not know what caused the wound in the heart. There was blood in the region of the heart; the heart sack was filled with clotted blood. Dr. Ruger did the probing; did not know whether the probe passed easily into the heart. The heart wound was necessarily fatal. Death resulted from hemorrhage of the heart. There was a slight abrasion on the left cheek.
Cross-examined by Mr. Erwin-- There was echynosis of the heart wound. The cheek wound was an abrasion; was not made by a direct blow; there was no contusion;
couldn’t give an opinion as to the cause of the rent in the heart.
Mr. Erwin requested an interview with the witness’ and remarked that the defense would probably call them as their own witness in the afternoon.
Dr. C. C. Ellis was called by the prosecution. Had studied medicine 4 years, assisted at the postmortem examination; saw the heart of McWeeney. Mr. Erwin asked to examine the witness on his qualification as a surgeon, and the court granted his request. Witness studied medicine from 1876 to 1880; had been in the hospital as an under graduate.
Direct --Had assisted at three or four postmortems; saw four wounds on the body; wound on breast was a gunshot wound; Pericardium was filled with blood; wound in the heart was a continuation of the wound in the breast. Death was the result of hemorrhage or smothering of the heart.
Cross-examination by Mr. Erwin--Dr. O’Donnell made the minutes of the postmortem. The wound had a ragged appearance, the same as a gunshot wound; opening in the skin was round; there was not much force used in entering the probe. A rigid examination here followed as to the organs about the heart, witness and counsel drawing diagrams and dissecting the same.
On redirect examination it was developed that the heart drops or falls a little after death, and that if a shot was fired by a man lying on the floor at a man standing two or three feet from him, the wound in the heart would be about on a level with the superficial wound after death; or if a catheter were inserted into the superficial wound at right angles with the body it would likely enter the wound in the heart.
H. H. Ruger called by the prosecution and sworn. Is a physician and surgeon; graduated from Jefferson Medical College of Philadelphia in 1864; served during a year of the war as a medical cadet; have served since as a physician and surgeon in the army; has examined fully a thousand cases of gunshot wounds; was present at the autopsy of the body of Patrick McWeeney; there were three wounds-- one on the face, one on the buttocks, and one over the region of the heart; in witnesses’ opinion the wound in the heart was a continuation of the superficial wound. In his opinion death resulted from a gunshot wound; after continuing the search for a reasonable time witness came to the conclusion that the bullet could not be found without cutting the remains to pieces; a bullet might enter the body, go all around inside it, and return and pass out where it entered; did not examine the lungs carefully; am still of the opinion that the ball passed through the pulmonary artery; this has always been in my opinion; I have always thought that the wound in the gluteal region was a wound of exit; I do not think that the ball passed from the heart down through the vena cava and out through the gluteal region; I do not think such a course within the range of possibility; there is not the least doubt in my mind about the ball entering the ventricle; it is possible that a ball could pass through the chest wall around the chest and out at a place of entrance
At this point the court adjourned until Monday morning. Three bailiffs were sworn to take charge of the jury. The jury and bailiffs were admonished by the court to have no communication with anybody in regard to the case, and not to talk among themselves about the case till it was submitted to them.
MONDAY’S PROCEEDINGS.
Court opened promptly at 9 o’clock. They jurymen took their places and the defendant was soon brought in. Both counsel and jury were looking bright and chipper, having had two solid night’s rest, and the court having partaken of a Sunday dinner at the residence of Clerk Saunders, together with Mr. Erwin and Justice Wishart.
Dr. H.H. Ruger was re-called by the prosecution. The sack or pericardium was full of blood; death resulted from hemorrhage, which was caused by the gunshot wound; there is no doubt of this in my mind.
Robt. Boeing called by the prosecution; one shot fired by Oswald while on the floor went into the ceiling; McWeeney lived only a few seconds after having been shot.
At this point the prosecution announced that they rested their case.
THE DEFENSE.
The case was opened on the part of the defense by Judge O’Brien, who claimed that the homicide was justifiable. An offer was made to read to the jury a part of the code, which was refused by the court. The evidence to be produced by the defense will show that the defendant and the McWeeney were friends; the defendant had been drinking; that on the day of the tragedy McWeeney also had been drinking and after the shooting an empty flask was found in his pocket. The term s-- of a b---- is generally a fighting expression; in this case it had no such meaning. We admit finding Oswald drunk and stumbling about and firing a pistol. When McWeeney came in Oswald went up and sent in a drunken way,” Pat, you old Irish s-- of a b----, come and have a drink.” Oswald meant nothing by this; it was simply a way men have of accosting each other under such circumstances. Oswald happened to strike him in the face with his revolver. We claim that when McWeeney knocked Oswald down he advanced to him, and that the defendant had the right to defend himself.
The prosecution objected to the council arguing the case at this time to the jury. The objection was sustained by the court.
After some discussion between counsel the prosecution withdrew the objection and the statement of the case was proceeded with.
At the close of Judge O’Brien’s remarks the prosecution said that it was the duty of the defense to outline their case so that the prosecution might be prepared with rebuttal. The defense neglected to state what the medical part of their defense would be.
Judge O’Brien said that he had not stated it fully because he had not given that portion of the statement sufficient thought to enable him to state it clearly; it had appeared during the progress of the case; that Mr. Erwin was familiar with it and would state it. Council for the prosecution objected to two of the council opening the case; objection overruled by the court.
Whereupon Mr. Erwin outlined the defense they would place before the jury from their medical view of the case. Defense proposes to show by the best medical testimony that McWeeney’s death was not from the bullet penetrating the heart; that McWeeney had been a strong, stout man weighing about 220 pounds not more than three years ago; that he had been acquitted of a serious charge on what he had been confined for several months; that that confinement worked upon his mind and weakend and softened his muscles. That at the time of his death the walls of the heart were in a diseased condition. That the bullet did not pass into the heart; that it passed towards the back, down the diaphragm into the gluteal region and out at the place of the everted wound in the back; that the exertion on McWeeney’s part when he hit Oswald bore heavily upon the weekend muscles about the heart, and a hemorrhage was caused resulting in his instantaneous death. Defense then called their first witness.
Thomas S. Potts was put upon the stand. Will be 23 years old next month; was in Boeing & Doyle’s saloon on the night of the homicide, about an hour before. Evidence as to what took place prior to the time heretofore limited by the court not allowed except as to drunkenness of defendant. The witness stated that the defendant was having a jolly good time as it was New Year’s Eve; defendant was walking to and fro; saw defendant with a hunting knife; defendant was looking at it, put it in a case and put it in his pocket; he had a pocket pistol in his hand and shot it into the west wall; McWheeney came in while he had it in his hand; Oswald stood at the bar; he called him up to the bar and said to him. “Come up and have a drink with me, you Irish s-- of a b----”; Oswald had a revolver in his hand and he kind of tapped him on the cheek, and said, “who are you, we are as good as you are”; Oswald kind of stumbled towards McWeeney, who struck out from his shoulder and knocked him clean to the floor; McWeeney followed him up; Oswald repulsed him with his revolver; Oswald fell on his right side, rolled over on his left and commenced firing; after the first shot McWeeney turned right round and went towards the southeast corner and put his arm on some boxes; Oswald went over towards the wall; and all this time he had the revolver in his hand and was throwing it up and down over his shoulder snapping it; Oswald said, "I've been a good friend to you, Pat; been a good friend to you.” McWeeney said something to him, but witness could not hear what it was.
Cross-examined by Mr. McGee, -- Witness was closely questioned as to what he testified before the magistrate at the preliminary examination and he reaffirmed it, with one or two slight exceptions; has been in town since January and has spent most of his time about Boeing & Doyle’s saloon, but has not been fed or kept by them; has borrowed some money from them, but has paid them back.
Geo. W. Potts, called and sworn by the defense. Was in Boeing & Doyle’s saloon on the night of the affray, for about an hour before the shooting.
Any evidence as to the drunkenness of defendant was allowed by the court, but as to what else occurred was ruled out. There was no trouble or row before McWeeney entered. Noticed that defendant fired a shot into the wall. Oswald and Cowan were standing at the bar when McWeeney entered; Oswald turned and saw him and went up to him and took him by the arm and said, “Pat, you s-- of a b---- come and have a drink with me;” Pat said, “All right, Will; but don’t call me that; anything but that goes;” Oswald said to him, “Perhaps you think you are too good for us.” Pat said, “Oh no Will,” then Oswald repeated the same words and raised, his hand, and kind of tapped Pat over the face and said, “No, no, Pat; we aint too good for you;” McWeeney then squared off and knocked Oswald down to the floor; he then advanced towards Oswald who commenced firing; McWeeney backed off and turned round and went toward some boxes in the corner; McWeeney said to him, “You are away off;” Oswald said, “Pat, I have been too good a friend to you to strike me like that.”
E. R. Davie called by the defense. Saw Oswald drink three or four times. Oswald called witness a s-- of a b---- put his arm on his shoulder and asked him to take a drink with him; think Oswald said he was going to run himself loose, but do not know when it was made, or whether he intended to get drunk. Witness not allowed to state his opinion. If it had been said in anger or earnest witness would probably not have noticed it; he said he was going to turn himself loose, but don’t know who he said it to, or whether it was said.
Robt. Boeing was called by the defense; Oswald was in the saloon about 4 o’clock in the afternoon and was drinking; he was there again in the evening; he was treating a good deal and was being treated by the boys; saw him at the time he had the knife out. (Evidence as to McWeeney’s character as a pugulist and fighting man ruled out by court.)
William Cowan called and sworn on the part of the defense. Oswald was drinking in Boeing & Doyle’s saloon; he was moving and scuffling around the room; was in the room when Oswald was pulled over on the floor in a friendly way; were fooling around and witness pulled him over; witness also pulled Kops off the piano stool; did it for fun; witness was pretty well filled up himself; he was feeling good.
Chancey McTaggart called and sworn by defense. Witness had a hunting knife and loaned it to Oswald about five weeks before the shooting; knife was loaned to him to go hunting; witness asked defendant for the knife two or three times, because he wanted it; the last time before the shooting that witness spoke to Oswald about bringing a knife back to him was the day before; it had a delay between six and 7 inches long.
Wm. T. O’Donnell called and sworn by the defense. Studied medicine and graduated at Dartmouth, N. H.; assisted in making a postmortem examination; had the minutes that were made then and accepted by us; McWeeney would measure about 6 feet 3 inches; was not a muscular man as witness expected; weighed about 180
pounds; wound on hip was ragged having the appearance of being a wound of exit; the ragged edges of the wound were out; the wound was probed to the depth of about six or eight inches; after examining that wound we concluded it was a point of exit; another ball went in against the bone and bounded out; it was a superficial wound; the wound in the breast had the appearance of being a wound of entrance; it was round, which indicates that the ball went in at right angles; the catheter was held lightly in the hand and allowed to enter the wound; thinks the probe was left standing in the pericardium; the thickness of the pericardium is about that of heavy writing paper; the heart was surrounded by a heavy coagulation of blood; the lungs were cut in strips to facilitate the examination by inserting the fingers; no bullet was found and there was no evidence of it having been there; my opinion is that the bullet did not go into the heart at all.
Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]), 08 May 1886. Chronicling America: Historic American Newspapers. Lib. of Congress.
Tuesday's proceedings will continue in Part 6 of John William "Billy" Oswald's post.
