Water Rights Continued
western public and L. system exchange of the the save death house have DENIES FIRING FiRSTBULLET (Continued from Page One) . indicated that -Kap - had - fired once after Johnson had shot him. Johnson testified that as he started back to his farm, Kap continued to fire with the rifle. He was indigTient when the district attorney attempted to show that the gun used by Kap was a shotgun and not a rifle. Johnson insisted he with him only a .22 caliber single shot rifl^; and that he was not carrying a revolver. State testimony indicated he was carrying both weapons and that he had fired both. The defendant said he was ed partly conscious after the shooting and did not remember much what he did after he returned his farm until Deputy Sheriff Gailord L. Taylor arrived and placed him under arrest. GLASSES "FRAME-UP" To a question from the district attorney, the defendant replied: "I never did say I was going kill Kap. I said that he would kill me if I didn't kill him. was only by way of illustrating what might happen. And that glass episode in which BouwhuiK admitted he watched the shooting, indicates it was all a frame was expected to be concluded Johnson testified that on one (0 casion Kap had said: "You rat, if you interfere I will kill and bury you in that ditch." ; Cross-examination of Johnson was to be continued during the afternoon. Other defense witnesses expected to be called included: Van dt Graff, weather observer; Charles Pettigrew and John Childs, former county commissioners, "/ho allegedly were present during one of the disputes between Kap and Johnson; and Mr. and Mrs. Thompson and their son, .Elwood. Thompson, watermaster at Kancs- ville, also was a witness for the | state. The concluding state witnesses were Heino Kap, who testified Thompson told him Johnson had said that if his father interfered with the water lie would "put in his grave;" Jerry Kap. who testified his father told him .Johnson had' threatened to kill him if he took water from the ditch, and Jacob Kap, who told additional information about the shotgun used by his father. MAV CONCLUDE CASE The state's case against Johnson, Parading a Ions list of witnesses to the stand, Wednesday afternoon, District Attorney Wade M. Johnson convince the jury of 12 ' men that Johnson had made | ed threats against Kap's life | ing a lonfe dispute over use gallon water on their, farms at Kanesville. Witnesses testified also th?.t Kap had made appeals to and to an attorney to investigate 'the matter the day before the fatal shooting which occurred on May 19. Testimony also was introduced had made arraiiRe- f n , f * ^ murder If any trouble developed vhsn he attempted to take his turn of at. j p. m. May 10. Heino Kapj, son of the dead and complalnms? witness, was balni questioned by the district attorney when the trial was recessed until todav. The son testified his father had consulted with officers nnd attorney regarding trouble, Ernest. Paul and Alfred Bouwhuis, sons' Chris Bouwhuis. brother-in-law of the elder Kap. told of bcinj-askcd call peace officers if there was any necessity.