BILLY OSWALD ON TRIAL IN LOCAL ROLLER SKATING RINK
Oswald was placed in guarded confinement far from Devils Lake as he awaited his trial the coming spring. Billy Oswald's lawyer, W. Erwin, failed to have Oswald released on bail as his motion was denied by Judge McConnell.Oswald goes on trial on Wednesday, 28 April 1886, in the community roller rink to accommodate anticipated large crowds. This was before the local courthouse was built the following year. Roller skating was a very popular Victorian-era past time.
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| District of Columbia – glimpses of life at the national capital – a fashionable roller-skating rink. Wood engraving after a sketch by Miss Georgie Davis, 1880. //hdl.loc.gov/loc.pnp/cph.3b06974 |
Transcription of Devils Lake Inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]. 1 May 1886. Pages 1 & 4.
Page 1- Columns 3,4,5,6
OSWALD ON TRIAL.
A Whole Day Spent in Getting a Jury.
Evidence Introduced on the Part of the Prosecution.
Lively Tilts Between the Opposing Counsel.
The Rink None Too Large for the Crowd.
Prospect for a Trial Long, Hot and Loud.
"The trial of John William Oswald for the murder of Patrick McWeeney on the night of Dec. 31, 1885, was begun Wednesday of this week before Judge McConnel. W. W. Erwin, the celebrated criminal lawyer of St. Paul, Jas. F. O’Brien and Col. Nash, of this city, appeared for the prisoner, and Col. V. Warner, of Clinton, Ill., and J. F. McGee, of this city, appeared for the territory, assisting District Attorney Morgan. The prisoner appeared in court Tuesday evening to listen to the reading on the indictment. He was somewhat pale, but was looking bright and well, and, as was his custom before the tragedy, he was very neatly dressed.
The indictment sets forth in effect that the said Oswald, in and upon the person of one Patrick McWeeney, then and there in the peace of the territory being, willfully, unlawfully and feloniously did make an assault, and with a certain deadly and dangerous weapon, then and there held and being in the hands of him, the said Oswald, towit: A certain pistol commonly called a revolver, which said pistol so held and being as aforesaid, was loaded and charged with powder and ball, with a premeditated design to effect the death of him, the said McWeeney--willfully, unlawfully, and feloniously, and of his malice aforethought did shoot and discharge the same at and towards him, the said Patrick McWeeney and by means of said shooting and discharging of said pistol, and with the premeditated design aforesaid, did then and there willfully, unlawfully and feloniously make and inflict upon the body of him, the said McWeeney, one moral wound, whereby and wherefrom the said McWeeney did then and there die. Wherefore the grand jurors upon their oaths do charge and say, that at the time and place aforesaid the said Oswald did take and destroy the life of a human being without authority of law and with a premeditated design to take the life of the person killed, the said McWeeney, and in that did commit the crime of murder.
Mr. Erwin asked until Wednesday afternoon to plead, and his request was granted.
PLEADS NOT QUILTY.
At 2 o’clock Wednesday afternoon Oswald and counsel on both sides were present; also a very large attendance of interested and interesting spectators. Oswald’s father came into court crying and took a seat near his son. Counselor Erwin waived the second reading of the indictment and entered a plea of “not guilty” in behalf of his client.
The court remarked that the venire of jurors being small, it would be the part of wisdom to order a special venire of forty jurymen, and requested the sheriff to go out of town for the necessary names. “And, Mr. Sheriff, you will be careful to get the best men to be found, men free from bias and prejudice, as nearly as you are able to judge.” Judge McConnell then announced that the case would be adjourned until 8:30 Thursday morning.
THURSDAY’S PROCEEDINGS.
Court convened Thursday morning at 9 o’clock, the prisoner, accompanied by his father, and counsel on both sides being present. The work of drawing a jury then commenced.
Sam Wineman had formed and expressed an opinion on what he heard on the evening of the tragedy and on what he read in the newspapers.
W. G. Stoughton had formed an opinion which could not be changed; challenged by defense and challenge resisted; ordered to stand aside.
W. J. Doyle might have expressed an opinion. No reason in his mind why he should not act. Will endeavor to try the case on the evidence, if accepted as a juror. Challenged by prosecution and ordered to stand aside.
Jas. Dumphy stated that he lived in the northern part of the county; met deceased once or twice; do not know the defendant, or his relatives or any of the attorneys. He said he could try the case impartially.
Pat Kelly was not acquainted with McWeeney. Am acquainted with the defendant; saw defendant at the preliminary hearing; asked him how he was. Was introduced to defendant’s father at the Benham house a day or two ago.
Joseph Keogh had lived in the county about a year. Only knew McWeeney by sight; also the defendant. Was not related to any of the parties; could try the case impartially.
Geo. Copeland said he was a friend of Oswald’s; have known him about two years. Think I would be biased in his behalf. Dismissed.
M. H. Lynch had formed and expressed an opinion; think I am biased, but perhaps may not be conscious of it at this time; knew McWeeney; have expressed an opinion and have it now; it is now present with me. My opinion is of the character that I could try the case on the evidence. Defense challenged for actual bias; challenge resisted by prosecution; challenge withdrawn by defense.
Jas. McCormack was not acquainted with either party or their attorneys, except that he met Mr. O’Brien when he was electioneering. Can try the case impartially on the evidence.
J. G. Lamoreaux stated that he lives at the east end of the lake, and has kept a hotel there. McWeeney stopped at my place several times. His father stayed at my house once about two or three years ago. I have read of the case and talked of it with the neighbors, but not have expressed an opinion that I know of; think I could try it purely on the evidence; have no conscientious scruples as to the infliction of the death penalty in a proper case.
John Brown--Lived about three miles from town for three years; am acquainted with Oswald; think I was in the court house about five or ten minutes at the time of the preliminary hearing; have not formed an opinion as the whether there was justification or not; have no conscientious scruples as to the infliction of the death penalty in a proper case. I met Mr. Nash here in town and asked him if he was employed in the case. Questioned by the court, Mr. Brown said: I was in his office this week; I think he said it would be hard to get a jury; I have been in three or four times, but did not talk of the case but about twice; he (Nash) sent for me once or twice, and I went up to see him; I could not find out what he wanted; when Judge McConnell came into the office we were talking, perhaps in a confidential way, but I do not recollect whether we were talking about the case.
John Miller had formed an opinion from what he had read and heard, and it cannot be displaced by evidence. “Stand aside.”
John Rocke lives in Towner county and is a farmer; read the comments on the case in the Cando paper; heard persons talk about the case at the Tower house since I arrived in town; have not expressed an opinion; have no conscientious scruples against the death penalty in a proper case.
John Daily heard part of the testimony at the coroner’s inquest and have read accounts in the papers; have formed an opinion which cannot be changed by evidence.
E. S. Hyde excused on account of sickness.
H. M. Vannier had formed an opinion from what he had read; it would require evidence to remove it; I have expressed it openly and publicly; I don’t hardly think I could put aside the conclusions which I have formed; have not talked with any of the witnesses; don’t believe in capital punishment. Excused.
Jas. Marks couldn’t say that he had heard the testimony narrated but had read considerable about it; have formed an opinion; can’t enter upon the case till my opinion is changed; if the evidence was equally balanced I would give the prisoner the benefit of the doubt; notwithstanding this opinion the prisoner should have the benefit of the doubt; my opinion is fixed, but subject to be changed by evidence; if I am chosen a juror I would try and decide on the evidence; don’t remember of talking with any one who saw the shooting, or who will probably be a witness.
Sam Wineman being questioned said he had talked with some persons about the case. He had formed an opinion from what he had heard and read in the newspapers. It would take considerable evidence to change his opinion. He had talked with persons who were at the preliminary examination; but with no person who had been at the shooting. He thought he could hear and try the case fairly on the evidence. Has been acquainted with Oswald for about three years. Has had no conversation with anyone in regard to the case since he was summoned as a juror. Oswald’s cousin, John Seiber, was a friend of his.
James Dumphy had no conscientious scruples as to capital punishment; neither had Pat Kelly, M. H. Lynch or Jas. McCormack.
A panel of twelve jurors having been selected composed of Jas. Dumphy, Jos. Keogh, A. J. Bergh, Louis Zimmer, Pat Kelly, Michael Lynch, James Rocke, James Marks, Jas. McCormick, J. G. Lamoreaux, Geo. W. H. Davis and Sam Wineman, the prosecution peremptorily challenged Sam Wineman and J. G. Lamoreaux, and the defense peremptorily challenged Jas. McCormick, Geo. W. H. Davis, A. J. Bergh and Jas. Marks.
This left six who will be of the jury to try the case. Their names are James Dumphy, Jos. Keogh, Louis Zimmer, Pat Kelly, Michael Lynch and James Rocke.
The names of Louis Stoeser, Robert Wilmot, Wm. Elliott, Martin VanLiew, W. H. Standish, Peter T. Gorman and E. LaRue were selected from the jury box. These gentlemen were called and sworn as to their qualifications as jurors.
W. H. Standish claimed his privilege as an attorney and therefore exempt from jury service; and he was excused.
Wm. Elliott had formed an opinion; said he could hear the evidence and try the case fairly.
Martin VanLiew did not know that he formed an opinion, and thought he could try the case fairly.
Peter T. Gorman did not know the parties to whom the case relates; read the evidence taken before the coroner; had formed an opinion; but could be changed by evidence if he thought it was the best evidence; challenged by defense for actual bias.
E. LaRue was acquainted with defendant and with McWeeney; had formed an opinion.
Robert Wilmott had some little trouble with McWeeney when he was alive, but had forgiven him when he died; have been acquainted with Oswald for about a year; prosecution challenged Mr. Wilmott because he was partial; he was excused by the court.
A. S. Pattie’s name having been drawn from the jury box, he was sworn as to his qualification to serve as a juror; he knew the parties, McWeeney and Oswald; had an opinion formed from what he had heard; did not think his opinion was so well formed but that it could be changed by good evidence.
Louis Stoesser lives near Grand Harbor; but kept a saloon at the Harbor for awhile; last December took the papers, published here in town; had heard the case talked of, but did not know that he had formed an opinion; have known Oswald and have always been on good terms with him; knew McWeeney about three years; have no opinion, although he had read of the case and talked of it.
Martin VanLiew had known Oswald for about two years; was not very well acquainted with McWeeney; had no conscientious scruples about hanging if the evidence is sufficient to warrant it.
Jno. McDevitt stated that he had engaged in the past week circulating a petition in behalf of Mrs. McWeeney, but did not know that it was to pay counsel in the case; have formed an opinion and feel biased. Excused on account of bias.
Dennis Doheny had been acquainted with defendant for several years and is friendly to him. Excused because of conscientious scruples regarding capital punishment.
John M. Swanston had an opinion formed from reading the account of the shooting in the INTER-OCEAN; will obey the instruction of the court and try the case fairly if I am selected as a juror.
The prosecution peremptorily challenged Louis Stoeser and Martin VanLiew, and the defense Peter T. Gorman and John M. Swanston. This, after allowing challenges excused, left William Elliott and A. S. Pattie as the seventh and eighth jurors to try the case.
Jos. Graham had thought of the case some, but have not formed a very decided opinion.
Jas. McCanna had heard some of the case and had read the newspapers; thinks he feels a bias about the case which he cannot throw off at will.
Ed Lohnes had read of the case and heard it talked of; but has not talked with any of the witnesses; is not conscious of any bias existing in his mind. Could try the case without prejudice.
Albert Getts had heard the case talked of. From what he heard he had formed an opinion; it would take strong evidence to change his opinion. Notwithstanding all he had heard and read he thought he could consider the evidence fairly and fully.
Richard Fanning had not formed or expressed an opinion from what he had read or heard. Was here the next day after the occurrence, and in the saloon. Was at the preliminary examination; he did not know as it had made enough impression on his mind to make him form an opinion; read it in the News-Democrat; did not know whether he had read all in the paper, as it did not come regularly; did not complain about paper not coming as it was not of enough importance; was in Billy Doll’s saloon Wednesday evening and talked with him.
Wm. Streeter had formed something of an opinion; Col. Nash represented him in a case now before the land office, but that would not affect him in his consideration of this case if selected as a juror.
James Gagan had not formed or expressed an opinion as to the guilt or innocence of defendant; was not acquainted with Oswald and was not acquainted with McWeeney; may have heard the case talked of since I came to town, but did not recollect.
W. W. Flynn was acquainted with Oswald, but not intimately. Knew McWeeney slightly. Had not formed an opinion; was served with a subpoena while here in town as a grand juror. Was in company with McKee and Storm yesterday. First saw Oswald in Larimore two years ago; have seen him frequently in this town; but never more than passed the time of day with him; have known Storm about three years; did not know that Storm was at one time a partner of Oswald.
Wm. Streeter and James Gagan were peremptorily challenged by the defense.
Frank Coykendall called and excused by consent of counsel for both sides.
Hans Ugland had an opinion, but has none now. Has heard so much talk that he has no opinion now. Has not talked with Jno. McDevitt. Knows Col. Nash; knows Oswald by sight.
Ed Murphy excused by the court.
Wesley Fassett had formed an opinion only from what he had read. Had met Oswald quite often, but did not know him. Mr. Fassett was peremptorily challenged by the defense.
Jas. Wylie had formed an opinion, but thinks he could hear the evidence and consider the evidence; was acquainted with Oswald, but not intimately. Have no scruples as to the death penalty in a proper case.
At twenty minutes past five the jury was sworn, and it composed of the following name gentlemen:
Jas. Dumphy.
Joseph Keogh.
Louis Zimmer.
Patrick Kelly.
Michael Lynch.
James Rocke.
William Elliott.
A. S. Pattie.
Jas. McCanna.
Con Boland.
Hans Ugland.
James Wylie.
AN IMMENSE CROWD IN THE EVENING.
The court took a recess shortly before six o’clock until half past seven. By seven o’clock spectators began to gather at the rink, and before the time for the convening of court, fully five hundred persons were collected to hear the opening addresses of counsel to the jury. Shortly after court was called to order District Attorney Morgan appeared and commenced his address by stating that on the night of Dec. 31, 1885, in Boeing & Doyle’s saloon in this city the defendant John William Oswald shot Patrick McWeeney. He read the indictment, and called the attention of the jury to what would have to be proven under it. He also stated in a very plain and brief manner what the prosecution expected to prove. At the close of Mr. Morgan’s remarks, the prosecution announced that one witness would be called.
THE TESTIMONY.
Daniel Blue was called and sworn as a witness on the part of the Territory. Has been an engineer at the elevator here; was in Boeing & Doyle’s saloon on the night of Dec. 31, 1885, about 11 o’clock; the defendant, Wm. Cowan, Bob Boeing, and George and Tommy Potts were present; there were about seven or eight persons there at the time he entered; Jas. Flynn entered with him; you enter at the south end of the room; the bar is on the west; the defendant was leaning on the bar and Cowan was with him; they were drinking; did not notice any weapon in Oswald’s hand when he entered, but five or six minutes after noticed a revolver in his hand; was about six or eight feet from him; defendant fired a shot into the wall on the west side; a man by the name of David was standing at the end of the bar; the shot was fired about five minutes before McWeeney entered; when he fired that shot into the wall he walked up toward the end of the room and said he was going to turn himself loose; when witness entered Oswald and Cowan were there, and Bob Boeing was behind the bar; Cowan was in his shirt sleeves and Boeing held his coat; Cowan said to Boeing to hold the coat, that the “stuff was there to pay for the drinks;” Cowan pulled Oswald back on the floor and then lifted him up to the bar; he did this with Kops, who was at the piano playing, and Cowan said “that is the way we take our friends up to drink;” some glasses were broken at the end of the bar; Oswald said he was going to turn things loose; McWeeney entered, and Oswald went up and slapped him on the shoulder and said, “Come up and take a drink with us, you Irish s-- of a b-----;” Pat said, “Don’t call me that; call me anything--call me an Irish rascal, but don’t call me a s-- of a b----;” Oswald then struck McWeeney with his revolver in the face, and McWeeney knocked him down; Oswald kind of rolled over and partly raised himself and fired three or four shots at McWeeney, who partly raised his hands, backed off into the corner, and fell on some boxes and died; McWeeney struck Oswald instantly after Oswald hit him; McWeeney advanced a step or two when he struck Oswald; there was nothing to obstruct witness’ view; McWeeney did not attempt to follow Oswald up when he knocked him down; after McWeeney struck Oswald he stood facing him with his fists closed, and when Oswald fired the first shot he turned round with his back to Oswald, and Oswald kept on firing; he fired three or four shots; McWeeney walked away from Oswald after the first shot; Oswald snapped his revolver; and said he would shoot him dead; Oswald was then standing; he had arisen and had followed McWeeney; Oswald snapped his revolver once at McWeeney while he was retiring; McWeeney went as far as he could into the southeast corner of the room, and his head fell forward on his breast: before his head fell on his breast and before McWeeney fell he said “Billy you are wrong, you are way off;” McWeeney’s face did not come in contact with the boxes or anything when he fell; he died in a few seconds; thinks the revolver was in Oswald’s right hand when he struck McWeeney, but it was in his left when he was on the floor firing.
During the examination several objections were made by Mr. Irwin to questions as being leading, which objections were overruled by the court.
On cross-examination by Mr. Irwin the testimony of the witness was not shaken. Witness testified that there were two things that he had spoken of in his direct examination in this case that he had forgotten to speak of when he gave his testimony before the magistrate. They were as to Oswald’s saying he was going to turn things loose, and as to the glasses being broken on the end of the bar. After the shooting Billy went to the north end of the bar; and somebody said to him that he ought not to have done that; Oswald went around the north end of the bar and spoke to Mr. Boeing.
YESTERDAY’S PROCEEDINGS.
When the court opened yesterday morning Daniel Blue was re-called for cross-examination by Mr. Erwin. Witness gave testimony before Justice Wishart at the preliminary examination; his attention was called to the testimony by its being read to him. A discussion arose in which the counsel used pretty lively language. Mr. Erwin reminded Mr. McGee that they were not now before the land office. Mr. McGee said they were not before St. Paul police courts. Mr. Erwin then said that if they were McGee would probably be there; and McGee remarked that Erwin would perhaps be in the lock up.
Another part of the testimony was read to witness and he said that he did not recall that he testified that the fall of Oswald was heavy. Witness testified now that McWeeney advanced a couple of steps and then stopped and stood erect.
On re-direct examination witness testified that about the time of the tragedy the defendant must have weighed about 185 pounds, and was a muscular man. At the time of the occurrence both parties acted as quickly as they could, McWeeney probably weighed 175 pounds.
Frank Doty was called and sworn on the part of the Territory. Am a practical surveyor and have had about three years experience; made a map of what was told him to be Boeing & Doyle’s about a month ago; it is accurate; there is a second building connected by a small alleyway; the objects are correctly located; the map shows the location of the furniture and the bullet hole. The defense objected to the position of the furniture as placed on the map.
Fred D. Locke called by the prosecution, and testified that he resides in Devils Lake; by occupation a farmer chiefly; age 24 years; was in Boeing & Doyle’s on the night of Dec. 31, 1885; was there about half an hour before McWeeney entered; Oswald had a weapon in his hand before McWeeney entered; also saw another object in his hand at the time; it resembled a spoon, but he did not know what it was at that time; Oswald took his pistol out of his pocket, turned towards the west wall, and fired it into the wall; it was about ten minutes, as near as witness recollected, after the shot that McWeeney entered; Oswald advanced about three or four feet when McWeeney entered, and put his hand on his shoulder, and said, “You Irish s-- of a b----, come up and have a drink with me;” there were some other words, but witness does not recollect them; McWeeney told Oswald that perhaps he thought he was a better man then he was; a short struggle took place between the parties, and McWeeney struck Oswald and knocked him down; should say it was about three or four seconds after Oswald struck McWeeney that McWeeney knocked Oswald down; witness was ten or fifteen feet north from Oswald when the first shot was fired; nothing between witness and the parties to obstruct witness’ view; did not see McWeeney in motion when first shot was fired; was looking in that general direction; McWeeney did not, as witness saw, make any attempt to follow him up, or put his hands on him, or attempt to get down on him. Oswald’s body was diagonally across the room; witness indicated that Oswald’s head was at the north end of bar and his feet towards the stove; he then indicated it was nearer the north end of bar and some distance east of it, and his feet northeasterly some distance west of the stove. McWeeney was south of Oswald when the first shot was fired; did not notice any particular movement made by McWenney when first shot was fired; witness did not notice whether McWeeney’s fists were clenched or not; is positive that three shots were fired; when the shots were fired McWeeney commenced to move back; Oswald regained his feet and walked towards the stove and stood between the wall and stove; had a revolver in his hand at that time, and was holding it up; he had it pointed towards McWeeey. Witness heard some words used by Oswald, who said to McWeeney that he would shoot him dead if he came near him. McWeeney said, “Billy, you are way off.” McWeeney then fell backwards into the southeast corner; he lived a very short time. Oswald went towards the end of the bar or behind, don’t know which; he then passed into the back room; Oswald said McWeeney had no business to strike him; some persons think it was Boeing who said to Oswald that he had not ought to have done that; Oswald then went into the poker room, which was used for gambling or gaming; witness heard a person ask Taylor for a gun; thought he recognized it as Oswald’s voice; saw Oswald after he regained his feet and after the shooting; witness was watching McWeeney just after the shooting; Oswald snapped his revolver just after he got up, as though it was on an empty chamber; did not at any time that evening in that saloon see any weapon of any kind in McWeeney’s hands; should say McWeeney weighed about 175 pounds that night and Oswald about 165 pounds. Oswald seemed to be a very muscular man.
Cross-Examination by Mr. Erwin.--Went into the saloon first about 8 o’clock; heard the confusion as he went by and went in to see what was going on; passed to a chair at the rear end of saloon and took a chair between bar and lunch counter in front of the opening. Saw Oswald take a few drinks; saw Cowan pull Kopps off the piano stool and take him up to drink; Oswald’s language"
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Continued on Page 4. Columns 4 & 5.
"seemed to be rough and boisterous; they seemed to be enjoying themselves, and it was then that Oswald seemed to have a spoon or something in his hand; Oswald was about 14 feet from the door when McWeeney entered; Oswald stood with his left side or back towards the bar; did not see the pistol in Oswald’s hands when McWeeney came in; but saw it after; Oswald staggered a little. Oswald said words something like these, “Come Pat, you old Irish s-- of a b----, and have a drink with me.” McWeeney told him not to call him that; that he could call him an Irish rascal. Thinks Oswald told McWeeney that he thought he was a better man than he was; a very few seconds after that Oswald struck him; saw Oswald flourish the pistol in his hand; saw a little struggle at that time, but did not know their object; saw Oswald strike McWeeney with his right hand. Thinks the testimony read by Mr. Erwin, which was taken at the preliminary examination, correct as to Oswald raising his right arm and striking McWeeney.
During this cross-examination; Mr. Erwin instructed the stenographer at one or two points, as to marking on his (Mr. Erwin’s) copy of the testimony, “self-impeaching testimony.” The prosecution objected to such instructions being made aloud and in the presence of the jury.
On re-direct examination witness stated that he was not positive as to whether Oswald said “Come Pat, you old Irish s-- of a b----,” but he called him an Irish s-- of a b----. McWeeney did not have time to withdraw from the saloon after he struck Oswald and before Oswald shot. When Oswald fell he faced McWeeney very quickly and immediately commenced firing. After Oswald regained his feet he went east and a very little south over towards McWeeney.
On further examination by Mr. Erwin witness stated that McWeeney was not disabled when he was struck by Oswald. McWeeney was about three feet from Oswald after he struck him. After McWeeney struck Oswald and Oswald fell am not positive that McWeeney advanced a couple of steps; was not positive that McWeeney advanced a couple of steps; was not positive that McWeeney occupied the space traveled over in the struggle. Oswald fired in quick succession three shots while on the floor. He then got up and worked a little southeast from where he first stood, towards the wall. He did not get on his feet “rush on him and down him.” He said he would shoot him, or words to that effect if he, McWeeney, came near him.
At the afternoon session E. R. Davie was called by the prosecution. Was in the saloon and saw Oswald and he had a knife in his hand; was sticking it into the counter. Boeing tried to get the knife from him; he put the knife in his pocket; took a pistol out of his pocket and fired a shot into the wall. Oswald was about eight or ten feet from witness when he fired. Witness put up his hand to have Oswald stop, but he shot into the wall before he could stop him. Witness said he might have gone to McGee’s office during the preliminary examination and told him that after firing the shot into the wall Oswald said he was going to [die?] game. When McWeeney entered Oswald turned round, took him by the shoulder, called him an Irish s-- of a b---- and asked him to take a drink with him; did not see Oswald put up his revolver after he shot into the wall and before McWeeney came in. They stepped towards the bar and McWeeney told him he did not want him to call him a s-- of a b----. Witness was back of McWeeney; immediately after Oswald made a motion towards McWeeney’s face with the revolver McWeeney knocked him down. Oswald fell with his head to the northwest and his feet to the southeast. Did not see Oswald strike the floor from where he stood between the piano and the bar. Witness stepped towards the end of the bar; Oswald was then lying on his right side. Think Oswald was in motion when first shot was fired; but is not positive as it was all done so quickly McWeeney turned his back when the first shot was fired. Three or four were fired; one was fired when his back was towards Oswald. Think McWeeney commenced to turn when the first shot was fired. Oswald then got up, stepped behind the bar, spoke to Boeing, and went into the back room. Somebody in the back part of the saloon said “Billy you had not ought to have done that.” Oswald said, “the d--n s-- of a b---- had no right to strike me in the jaw.” As McWheeney was backing away he put up his hands and said, “Billy, you are away off.” Oswald then passed into the back room and asked John Taylor for a gun; Witness next saw Oswald at the side door of Regua’s saloon; met the sheriff here at the rink and notified him of the shooting. When McWeeney fell his head fell on his breast; witness immediately went out the front door.
Cross-examination.--Oswald, Cowan and Taylor were treating and drinking; cannot say how long before the shooting it was that Taylor came it, but think it was about half an hour. They were talking about who should treat; they threw Taylor over the bar.
Here followed a lively argument by Mr. Erwin relative to the condition of Oswald, Cowan, Taylor and others. He claimed that it was a big drunk in which the participants were having a good time. The judge called Mr. Erwin’s attention to the fact that the statutes did not recognize killing as being an unpunishable offense when done by a person who was simply intoxicated. Responsibility ceased only when it was shown that the murderer was in the throes of delirium or was insane.
Continuing under the cross-examination the witness said when he came from the back room he had a drink and stood at the end of the bar; thinks the knife scene was about five minutes before the first shot; Cowan, Oswald and Taylor were at the bar, and witness took a drink with them; Oswald then knocked the glasses off the end of the bar; don’t know whether McWeeney was drunk or not; McWeeney gave a pretty hard blow; he followed the blow up by advancing to within three feet of Oswald; the first shot was fired about five seconds after he was knocked down; Oswald did not try to stab or hit anybody with the knife.
Several objections were made by the prosecution to questions put by defense tending to show that it was a drunken brawl; that it was the ordinary way of acting in this frontier country; that it is a common thing for drinkers to call each other s---s of b-----s. Mr. Erwin called it “rough pleasantry.”
Robert Boeing called by the prosecution. Am a saloonkeeper and was in partnership with Ed Doyle on Dec. 31, 1885; Oswald, that night after the shooting, went to witness and asked him for a gun; saw a gun in this had after he regained his feet, but don’t know as he did anything with it. Oswald snapped the pistol once or twice after the shooting at McWeeney, who was retreating from him; witness told Oswald he had no gun; it was very shortly after McWeeney dropped that Oswald asked for the gun; saw McWeeney when he went to the floor after the shot; he did not fall very heavy; his back was toward the boxes; his head fell forward.
Cross-examination by Mr. Erwin. First saw Oswald in the afternoon about 4 o’clock. He took a few drinks. Quite a discussion arose as to what should be allowed to be shorn on the cross-examination of this witness, and the court ruled in favor of the prosecution. Defense was allowed to show the circumstances as to the snapping of the pistol and as to the defendant asking for a gun; Oswald was on the floor when he snapped the pistol and McWeeney was standing up.
The prosecution interrogated the witness as to the snapping of the pistol after the shooting, and as to the asking by Oswald for a gun.
The defense endeavored to cross-examination as to other important matters, which the court refused to allow, and numerous exceptions were taken.
George McDougall called and sworn; Is 19 years old and have lived in Devils Lake pretty near three years; was in the saloon on the night when Pat McWeeney was killed; was there about two hours. was there when McWeeney entered; saw a knife in defendant’s hands before McWeeney came in; think it was a hunting knife; also saw a revolver in Oswald’s hands; was coming from the back room into the front room when the first shot was fired; was there when McWeeney entered; McWeeney entered about eight or ten minutes after Oswald stabbed the knife into the counter; Oswald got his arm around McWeeney’s neck or on his shoulder and said to him, “Come up, you big Irish s-- of a b----, and have a drink with us.” McWeeney told him not to call him that; Oswald said to him that maybe he thought he was too good for them; Oswald struck McWeeney with the muzzle of the revolver; McWeeney knocked Oswald down. When Oswald fell he went on his right side then partly rolled over on his left side and fired three or four shots at McWeeney, who turned and went towards the southeast corner of the room where he turned and sort of fell down against some boxes. Oswald asked Taylor in the back room for a gun. He asked him what he wanted with it; and as witness went out the side door he heard someone say he had killed his best friend.
When Oswald fell his feet were three or four feet from where he stood. MeWeeney was about two feet from Oswald when he fired. Did not see any weapon in McWeeney’s hand while he was in the saloon. When the first shot was fired McWeeney stood with his right foot a little in advance of his left.
Cross-examination - Has a good memory of what took place there; could not say he was excited; he drank one or two glasses of beer; shooting occurred a little after 11; there were a good many men in, and music and songs.
Questions as to defendant being drunk; as to whether there were fights during the evening, etc., ruled out by the court.
Don’t think what Oswald said to McWeeney was said in anger; he said that to everybody; McWeeney said to Oswald he could call him anything else-he could call him a big Irish rascal; don’t know whether the revolver struck his cheek or not; could not well see from where he stood; thinks it was a flourish rather than a blow; Oswald’s left shoulder was not down on the floor when he fell; his left elbow was on the floor, and his left hip was too when he fired the four shots, which were fired as quickly as they could be; McWeeey stopped, he thinks, when he was shot; while Oswald was firing do not think McWeeney raised his hands, and do not think he wheeled around; witness was not excited; knew what he was doing and what was going on; witness was closely cross-examined as to statements made by him as the preliminary examination; also as to his testimony given before the coroner.
Ever Wagness called by the prosecution, is sheriff of Ramsey county, and arrested the defendant at a house south of the railroad track; the reputation of the house is that is a house of ill fame; when witness entered Oswald was upstairs; witness went upstairs and met Oswald, John Taylor and Alice Gray, who kept the house; he had a pistol in his hand; he afterwards took another short pistol in his hand and snapped it; the short one was not the one he had in his hand when witness went up; did not get the empty revolver; asked him for it, but he would not give it up; took defendant to jail; some words passed between us; think he asked me if McWeeney was dead; told him he was not he saw him; Oswald said McWeeney had no business to strike him on the face or cheek; after we got into the jail room and before he was put into the cell we heard Mrs. McWeeney go by crying and Oswald asked what that was; witness told him he supposed it was some boy; defendant did not try to escape. Cross-examination by Mr. Erwin - Evidence as to lynching or threats of lynching objected to by the prosecution and ruled out by the court. Defendant was partly intoxicated. Pierce, the night watchman, assisted me. Defendant has been a good prisoner.
Court adjourned until this morning.
[It is understood that about 35 witnesses are yet to be examined.]"
To examine the original newspaper pages, see links below for pages 1 and 4.
Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]), 01 May 1886. Chronicling America: Historic American Newspapers. Lib. of Congress.
page 4 <http://chroniclingamerica.loc.gov/lccn/sn88076514/1886-05-01/ed-1/seq-4/>
page 4 <http://chroniclingamerica.loc.gov/lccn/sn88076514/1886-05-01/ed-1/seq-4/>
