Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-11-14
THE LAnoPnERE MURDER.
Arrangement Of SiIas Frank Beebe. IN.
der Indictment for the Crime.
After q Lengthy Demur IL overruled
He Enters q Plea OF Not Guilty.

ceedings in the case of the United States
against Silas Frank Beebe, indicted for the
murder of George Lsndphere at Crow
Creek on the 4th day Of July last. District
Attorney Campbell appearing for the pros
%ecution and w. H. Munro for the defence.
Aud now At this hour, $3.50 A. M, Novem-
Der IA, 1879, said prisoner having been
brought into court, and his counsel being
present, and also the U. s. attorney. and
the indictment as aforesaid having been
considered, the court directs the arraign-
ment to proceed and then the U. s. attorney
read to the defendant the indictment in this
case.
And The said indictment having been
publicly read to the said defendant as afore-
said, he is informed BY the cou
that if the name by which he is indicted is
not his true name, he must now declare his
true name or be proceeded against by the
name of the indictment.
To which the defendant replied that the
name by which he stands indicted is his true
name. Thereupon he is asked by the court
if he is now ready TO answer ard plead to
the indictment, to which he says he is now
ready to answer and plead.
Thereupon the defendant. by his counsel,
presenn and reads to the court a demur
in the words and figures following, to w.t.:
DEMUR.
The said defendant. Silas Frank Beebe, in
his W proper person, together with his
counsel, comes into court here and, having
heard the indictment read, says that the
said indictment and the matter therein con-
tanned in manner and form, rs the same are
set forth in said indictment, are not sufficient
in law and that he, the said Silas Frank
Beebe, is not bound to nswer the same for
the following reasons, to wit:
lst-Because said indictment alleges that
the court is exercising the jurisdiction of q
United States circuit court and a United
States district court, which can not both be
exercised by this court in this case.
2d-Because it does not appear from said
indictment that the same was presented in
a court having Jurisdiction of the offense
charged in said Indictment.
3d-Becauss the grand jury by which
said indictment was found, had no legal
authority to inquire into the oftense charged
in said Indictment, the place where said
offense is alleged to have been committed
not being Indian country, and under the
exclusive Jurisdiction of the United
States.
4th.-Because said indictment does moi
allege a place where the ofense therein
charged was committed, within the jurisdic'
ton of this court.
! Wherefore defendant prays that he may
be discharged from said premises.
w. H. MUNRO,
Attorney for defendant.
Said demur being on hearing in pres.
ence Of the defendant, it is argued by Mr..
Munro for the same and by the United
States attorney contra, and after hearing,
and upon consideration, it is ordered and
Judged that the said demur be and il
hereby overruled, and that this order be
entered on the minutes of the court, ia
which said ruling Of the court the defend.
ant takes exceptions. And it is further or
dered that the said defendant have permits
sion, and is allowed at his selection, to plead
over forthwith. And the defendant, being
asked whether he elect to stand on said de
muir or to plead over, answers and say
that he elect to plead over.
Whereupon on the premise aforesaid,
being duly considered the defendant is now
asked by the court whether he pleads guilty
or not guilty. To which the defendan,
answers that he is mot guilty"
I And whereupon the defendant, by hi
counsel presents to the court an affidavit
saying that there are witnesses whose evi
dence is material to his defense, and he can
not 60 safely to trial without them, an
5 that being not possessed of sufficient means
and unable to pay the fare ofsuch witnesse
Is set forth by his affidavit, and on consi
deration thereof, the defendant is re
, manded to prison.
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