The Bismarck Tribune Newspaper, June 18, 1935, Page 3

“ CONTINUE D Defense Declares Woman Was Cowed Into Admissions Offers Bed as Proof “And we will prove that the fact the bed was found as the state's tes- timony said it was found, is conclusive suicide, “We will show that about 4 o'clock, Gibson went upstairs to see her That her daughter Pearl and asked her ‘why have you tt on?’ and that Mrs. Gibson inthe ‘was cold and told her back to sleep. She was in the from four or five minutes, up here probably 10 minutes and then ‘went down and half way down heard ible noise ring out. That she down and into the bedroom found her husband with the gun : E neaegs 338 ales ag ster and Billy Amos, sleeping in the ent, ran up and that they heard Mrs. Gibson’s footsteps on the stairs. We will prove that the foosteps on the stairs were audible all over the basement. That they heard the shot and that they found Mrs. Gibson cry- ing, stricken at what she saw in the oom, ‘Woman Called Doctor “That Mrs. Gibson immediately called Dr. Rodgers, that he came in @ very few minutes and when he got there found Mrs. Gibson crying, act- ing natural in every way. That he told her to stay out of the room and that Mrs. Gibson asked him if there ‘wasn’t something that could be done. “That Mrs. Walheiser came over to the Gibson home to offer Mrs. Gibson her sympathy and that Mrs. Wal- heiser found under the dresser the bullet. That Mrs. Walheiser told Mrs. McKenzie and that Mrs. McKenzie called the sheriff's office and that the bullet was placed in the same position in which she had found it. ‘That at the time the bullet was found, Mrs. Gibson was upstairs. “As to the motive the state ad- vances, we will show that Mrs. Gibson did not even know whether the in- surance was in effect at the time. We are going to show that the insurance was kept alive by the agent who ap- plied dividends to keep it alive. Be- fore making funeral arrangements, we will show, she consulted the agent to determine whether there would be money for the funeral. “As to the other motive, we will show that there never was any ques- tionable relation between Mrs. Gibson and Joseph Donis; that Donis had been going with her daughter for some time and that he was looked upon both by Mr. Gibson and Mrs, Gibson as a member of the family. “We will show that there was no reason whatsoever for Mrs. Gibson to commit a crime. Says Detective Sold Self “We will show that this matter ‘went along for about a year with no @utopsy on the body and no test as to the actual cause of Gibson's death, no definite investigation of the facts » +. that then Jim Harris, or Kullis, entered in, sold himself to the of- ficers cf Stark county and went to work on the case. That he brought two women with him ‘and lived at the Gibson house for three months. “We will show that before he was allowed to room there Mrs. Gibson went to see the state’s attorney and asked him to advise her what to do.! ‘That he told her Harris was all right and that she did rent him a room on that advice. That during the three months he had received no informa- tion that Mrs, Gibson was implicat- ed in the shooting and then made a set-up to get her to Jamestown... that in the cabin Harris had made up his mind to get a confession . . that he locked the door and forced by duress from Mrs. Gibson a state- ment she had killed her husband to protect her daughters... That he used the gun, pointed it at her and placed her in fear of her life... That he made the statement ‘you write what I tell you to or you will go to the same place Mrs. Harris went.’ Was Denied Attorney “That after that ... she was ar- rested .. , taken to Mandan... ask- ed to see Mr. Keohane (John Keo- hane, Beach attorney) and that the right of an attorney was denied her. That Harris came there posing as a gangster friend. “That she was spirited away to ‘Washburn ... told her daughter was pregnant: and things that almost drove her crazy. “We will prove that, if Mrs. Gib- son did make the statements such as were offered to her, she was out of her mind. “We will prove that Nathaniel Gib- son committed suicide, we will show his state of mind in 1933, that he Was a different man. Defendant Sobbed Monday In a session Monday, marked by the sobs of the defendant and a three- hour examination of State’s Attorney Theodore Kellogg, acting as one of the state’s principal witnesses, the prose- cution entered in the evidence two other alleged admissions, in addition jit. That time is the very first time he ever intimated it to me and she was not six years old ...I made my mind and said ‘don’t you have any respect for your daughter at all?’ Q. Did he drink very much? A, He was drinking. Q. And that night you shot him, you really thought he was going to harm your daughter, is that right? A. Yes, I still believe it. Q. How long was it, how long be- fore you shot him—is it true he was/asi sobering up? A. Yes, he was sobering up. The last time he talked I was right there. Q@. The last time he talked to you was about that? A. Yes. Went and Got the Gun Q. And that’s when you went and got the gun? A. I went right up and got the gun, . You don’t know where he went? A. No, I don’t know where he went, Q. Then what did you do? Did you drop the gun? You said you dropped the gun, is that right? A. Yes. Q. Now you were sitting on the bed, were you not? A. Just like this desk right here, @ little bit cornering. I had to go around the foot of the bed. to the one made at Jamestown which Mrs. Gibson had repudiated. Kellogg told the court of conversa- tions with Mrs. Gibson at Washburn and later at Bismarck during which, on both occasions, court reporters took notes by means of a dictograph |® installed where the talks took place. Kellogg's testimony of the conver- sation at Washburn was corroborated by Gus Lindell, state's attorney ot McLean county, and Court Reporter Leo Broderick of Mandan; at Bis- marck by Court Reporter James Bothne and J. A. Kohler, deputy sheriff of Burleigh county. Gerlich Is Recalled Irving Gerlich, Stark county deputy sheriff who arrested Mrs. Gibson, was recalled to the stand for brief testt- mony regarding the finding of the bullet which killed Gibson. He said the bullet was finally found under the dresser in the bedroom in which the shooting took place. It was of- fered in evidence, According to Bothne’s transcript of |in_ tem the conversation at Bismarck, eal logg asked Mrs. Gibson to postpont the marriage of her oldest auugtiter to Joseph Donis. Kellogg told her one of his reasons for opposing the mar- riage was that he felt Donis was im- Plicated in the shooting. To continued repetitions of this assertiorl, Mrs. Gib- son flatly denied that her alleged paramour had any part in the death of her husband. Contends Donis Innocent “Joe knows nothing,” she said, ac- cording to the transcript, “you can never tell me, Mr. Kellogg, that Joz knows anything of what happened at our house that night.” “Don't You think you ought to hold up that marriage a few days?” Kel- logg inquired. “No,” was Mrs. Gibson’s answer. “He loves her and she loves him.” Mrs. Gibson’s charges that her husband was infatuated with small girls and questions and answers re- garding the actual shooting» were read from Broderick’s transcript, ;|taken at Washburn, as follows: Q. When did he talk to you about his own daughter? When did he talk to you about this girl, his own daugh- ter? A. The very first year we moved to Dickinson. She was just a small girl, about five years old. We lived| Ci in a flat above a store. Says Husband ‘Infatuated’ Q. You say that was the very first time you knew he was intimate or} Ga; -|infatuated with girls? A. I never knew anything about _ §T. LOUIS . 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STEVENS ‘WORLD'S LARGEST HOTEL Single rooms with bath from 3.00—Double rooms with bath from 4.50 Act NCING CLOWNS - - ACROBATS an all-professional show go right around here. around the foot of the bed. o———— | Weather Report 3 tl ace ad SY aan For Bismarck and vicinity: Gen- shi id Wednesda: ; erally fair tonig! * yarmer pared lay. feted Da- ine "tonight and Wednesd a y; somewhat cooler {ts TT wlll Wednesday. sly far * tonight, and Wednesd a y; fednes- fair to- change Minnesota: Cloudy, bly show- ers in southeast ion early to- night; cooler in northwest tonight; Wednesday “oy fair, somewhat warmer in west and south portions. GENERAL CON CONDITIONS tric disturbance is cen- tered The barome' over the middle tle eat Valley (St. Louis 29.44) while cate ure area overlies the ni amet ‘the ‘The Pas General night and tithe eat Hitt! eres region western Canadian Provinces (' 30.14). Precipitation has occurred from the Great Lakes region to the eastern Mountain slope, but the weather is generally fair over the Far Western states. Semperatures : ae 92. river stage at 7 a. m.: 114 ‘Missouri ft. 24-hour —s +05 ft. 838888s8888888e5 We t seeesest th- Low- a est fic 134 BbeSRERLSSSLSRRSREYS SERBS SEEEEES BSSRSSSSTASTSSSRSVST SS SSSRSS STSSTAS SB THE BISMARCK TRIBUNE, TUESDAY, JUNE 18, 1935 Former Sheriff Gets Term in Penitentiary Crosby, N. D., June 18.—(?)—An in- determinate sentence of not less than two and not more than five years in the state penitentiary was imposed here Tuesday on former Sheriff Thomas P, Lynch, when he pleaded | Bismarck. guilty to an embezzlement charge. Appearing without counsel, Lynch said nothing in court except that he was guilty of the charge. He ap- Peared unmoved Passed by Judge John C. Lowe, Minot. The charge to which Lynch pleaded guilty was that he embezzled $47.87 | Tuesday. Paid him as personal property taxes |won by three lengths. @. Was your back to him? A. When I shot him his back was to me. - He was facing the wall? Facing the west wall. ry But he could not see you with the gun? I put @ handkerchief over A. No. the gun. @. What did you do after that? He kind of dozed off? A. Yes, he dozed off, not really leep. @. Do you remember what he said? He Said I Had Been Good A. He said something about how good I had been to him. Q. Well, then you went upstairs did you not? A. Yes, Q. You went into Pearl’s room? A. Yes. @. What did you do there? A. Ihad my coat on. I laid down. I rapped on Pearl’s door—I rapped on Katherine's door. I went right down, You looked in at Edith? Yes. They were asleep? A. As far as I know. . Pearl was awake? Pearl was awake. Well, hoy long were you up there? A. “Sometimes I think it was about half an hour but it could not have been that long. Gun Was on Bureau Q. The gun was on the bureau with your handkerchief over it? A. Yes, @. When you took the gun out of the drawer something came over you? A. Yes. Q. You had formed a new in- tent to kill at that time? A. Yes, Q. Then is when you killed him? A. Yes. Q. There is one thing I can’t un- derstand. How close did you get to him? A. Real close. Q. Four or five inches? A. Yes. Q. Did you turn on the light then? A. Let's not talk about it anymore for heaven's sake. ere oro Mercer Farmer Dies In Hospital Monday George F. Barker, 60, Mercer coun- ty farmer, died at 3:30 p. m. Monday at a local hospital. He was brought to the hospital last Wednesday. Fu- neral services will be held Thursday at Golden Valley. Mr. Barker was born April 23, 1875, at Corning, Iowa. After the first season, Fecelbhalahres and Be ean eel die. tely 10,000,000 eggs are pro- breeding duced in a season. Points has said. TWENTY GRAND BEATEN as sentence was|jAmerican thoroughbred, Just Arrived Carload Watermelons ICE COLD MELONS—Luscious, red ripe, 25-lb. average, each ..... MID-WEEK SPECIALS LETTUCE—Fancy, 5 CEB POAY Cece i tiaei veneers ened’ Cc CARROTS—Crisp Green Tops, 5 a ee i Leh eS GES—! jum Large, Sweet, 2 doz. ” ssecsceseseees DOE MID-WEEK SPECLLD === TOMATO JUICE—Heinz, TOME fe for ....... sae ‘S—Fancy, No. 2 Solid Pack, 2 for .......scss0040- QC PORK AND BEANS— One-pound tins, 3 for ..... yA Cc MID-WEEK SPECIALS == ee aan ee .17¢ [lec VEAL STEW— .20c GUSSNER’S VEAL CHOPS— “Just Phone 1060” .29c Fancy, pound .........ccceceeecees by Theodore Martin, living eight miles south of here. Check of the records of the office, however, reveal that the total alleged shortages approxi- Mate $3,000, State's stud) R, H. Lynch retired from the sheriff's of- fice in January after serving four years and had since been living in Ascot, Eng., June 18.—(?}—Twenty Grand, Mrs. Payne. Whitney's great failed to place in the Queen Anne stakes which marked his debut on English tracks J. A. DeWar's Fair Trial for its affairs is more than he car “prperly take” from his office. Mandan Man Resigns From Taxation Board . REICH MOURNS WORKERS John F, Sullivan, Mandan attorney,| Reinsdorf, Germany, June 18—()— Monday resigned as a member of the | Germany stopped its daily life and all state interim tax survey commission. | industries stood still in token Sullivan said he was “intensely in-|of mourning for the 60 workers killed terested” in the work of the commis-|in the devastating explosion of the sion but found that the time required | Reinsdorf ammunition works June 13. ner oer ennntineeseieenraneeeere a Mile aad Less in the New AIR-CONDITIONED COACHES cies Now in Service on the North Coast Limited - Cool—Clean—No Dust—No Dirt _ new, de luxe coaches on the COMPLETELY air-conditioned North Coast Limited provide the “last word” in travel comfort and luxury at low cost. Form-fitting reclining chairs, ladies’ lounge and $48.00 Round Trip to Pacific dressing room, smoking compartment —every refinement for your pleasure! If you plan a trip anywhere, see your Northern Pacific agent. Coast T. P. Allen in these NEW Bismarck, North Dakota COACHES Rest While You Ride—Travel by Train © 1935, Licosrr & Myzns Tosacco Co, ... @ wisp of fragrance sweet ... where taste and mildness meet 100% for mildness and better taste LEGION CARNIVAL orld War Memorial Building Building Auspices, Lioyd Spetz Post, American Legion, Bismarck Tonight at 8:30 and every peice this week Cc MATINEES ON WEDNESDAY AND SATURDAY AT 2:80 P. M.