Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-12-06

COUNT MoeEfousos.
On the Al isss, tho motion for = new
trial IL the cass Of The territory y John
Spfaeue. wa argued BY +. +. Adams and
district attorney Phil. 4. Faux. The me.
ton VS. cverfuled.
Some miscellaneous court business was
transacted aliens naturalized aud defaulta.
taken. ~
Ia the case of Linineton r. shewell, ~
Rosina Shewell. L. B. French. after . hear.
ing, obtained q decree of divorce for plain
tiff.
The United States grand jury returned .
number of indictments into court.
In the case of Stockwcll and West ~
Halvor johnson. an appeal from justices
court, sthe judgment hsiow was affirmed.
In this case the court decided that the
provision of the code Of civil procedure Of
the district court with reference to the
amendment Of process and pleadings was
applicable to Justices courts.
Yesterday the motion for anew trial 10
the case OF the territory against Hecry Pat.
get convicted Of grand larossy, was, after
argument, overrulsd Several defaults on
the docket were taken.
At 8 o'clock p. q. the following gentle
men compris,nga special Rrand jury az.
peared In court, to-wit: WIN. Miner. n.
U. Hoyt, John ". Bramble. N. Morgan,
John Madsen, Halvor Seversou, II. N. Par.
mer, A. B. Dunlap, Walter b. Carr. VIM.
d. Edmunds. Wm. f. Eldridse. Warren o..
borne. George W. Winters, L. L. Shurtlef,
John Schnell and G. N. Thompson They
were duly sworn. e%mpannelled aud charg-
ed, after which they retired to their room
for inquiry. At dye O'Clock they came into
court and through their foreman, William
Miner, presented On indictment charging
John H. Carpenter and Benjamin F. Kirby
with grand larceny In stealing two horses
belonging to James II. Stone, after which
they were discharged with the thanks Of
the court.
Upon notice of District Attorney Fsulk,
John H. Carpenter and Benjamin F. Kirby
were at half past i've O'Clock p. N. arraign-
ed, when both plead guilty to the oftense
of grand larceny as charged in the inditt.
ment. Judge Shannon then appointed
Monday, the 9th inst, at ten O'Clock as the
time for sentence.
In this case Benjamin F. Kirby, n o.
the indicted parties, was n Of the jurymer
who tried and convicted John Sprague Of
like ofeuse. He will go with Sprague t.
the same prison. .
This morning at ten o'clock Henry Pat
get, convicted Of grand larceny in stealing
ninety.fve dollars from. Jack Nenable, va
brought into court for sentence. The jur
that convicted him had recommended hii
to the mercy Of the court. After the usua
formslities, Judge Shannon very pertinent
referred to the character Of the ofense
which the prisoner had been convicted, an
the evidence in the case, pronounced th
sentence of the court TO be Imprisonment
the Detroit house Of correction for and d,
. ring the period of one year and four month
Upon motion of the district attorney, tn
!, sum of 800 90 in the hands of the clerk b.
ing the money stolen from Jaak Venablt
was ordered to be delivered to said JAG
Venable.
The territorial petit jury were discharge
until tomorrow morning at half past MIN
o'clock, there being but one criminal cas-
ready for trial at this term.
The United States grand jury came int
court at half past eleven o'closk with fou,
indictments and one presentment. Having
concluded their labors they were discharges
Judge Shannon thanking them for thei
industry, fidelity and integrity.
John Falde, the alleged defaulter of tn
Canton pos:ofice, who has been Indicted a
the present term Of court, was arraigned to
day and plead not guilty.
In the United States district court thi
afternoon DR.. Livingston and Messrs. Rus
sell, LeClaire and Richardson were arraign
ed jointly on one indictment, and DR., Llv
ingston was also arraigned on two others
The parties were given until the 23d inst
to plead.
At 10 o'clock tomorrow morning the bu-
siness of carbohydrates indicted by the
United States grand jury, will be proceeded
with and will probably occupy the entire
day.