Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-02-09
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The First United States Court q OeadMood
Tho cases Against the Mlssougt Nassv
Indian Agents and Employee Post.
ponsd to the August Term.
rhe Proposition 70 give lockwood
Town Organization Msots With an
Overwhelming Defeat.
Special Correspondence .

Deadwood, Feb. 1.-The United States
court has been hard At work for the Last
week on it's long calendar Of cases. This 10
practically the 6rst term q, United 6tstes
court ever held in Lawrence county. The
first session Of this court for this judicial
district was held at Sheridan, Pennington
county, in 1877, and afterwards another term
in September Of the same year. Thereafter
the court was held at Rapid City. until By
act Of the legislature the court was required
to be held at Deadwood, after the August
term of 1879. Judge Moody, on opening
court, remarked that heretofore cases that
should have been Immediately attended to
had been continually postponed. and that
hereafter the business of the court would be
pushed with all possible speed. S@
The first business transacted waaslie ar.
raignment Of Nose Owen.on two indictments
for selling liquor and tobacco without Ii
cense, and his case was continued to tht
next term Of courton account of the absence
Of important witnesses. sttS
Michael Owen, for stealing government
property. who pleaded. not guilty and gave
notice that . motion would be made for .
continuance.
The case Of John Provost, for the murder
of a half breed Mexican named Clemento
Bernado, was called. There were several
witnesses and the evidence all vent to show
hat although there was no doubt Of the
killing, yet 1t was done partially in self de-
Tense. The trial only lasted a couple Of
hours, when the jury returned q verdict OF
granddaughter. Dr.. McGillicuddy approve.
Of the verdict, and thinks thatimprisontneut
would have a better effect on the Indian
than the death penalty, "3'e .
The next cases on the calender were those
of the ex-lndian agents, whose cases have
been on the docket for over q year. They
are: James G. Robb. indictments Robert
Cox. l; John Brigham. 2; Richard Lowe,
1; F. McCarty, l; Martin Lee. l /; H. w.
Brigham, 10; F. w. Wright, l. and James
Lawler. l. These cases we're all continued
to tie next August term.
Two cases against Vim. j. James, ex.
postmaster at Crook, we're continued, pend.
ing a pardon. "a
John Mcdonald and Fritz Stark, the two
road agents who we're convicted at the last
term Of court and granted a new trial, had
their case continued until the arrival 81
witnesses.
John Bayless, who was found guilty Of
assault and battery was sentenced to pay q
fine of $3.50, and A. E. Van Valkenberg,
for a like %offense, the same amount.
The court adjourned on Saturday after
noon and resumedterritorial bnsines,, being
employed all day 10 a mining litigation re.
tween the Atlantic mine aud the Flors
Belle.
The election held here yesterday to decide
whether Deadwood would become incorpor.
ated or not resulted in an overwhelming
defeat. The total vote polled waa 93s, and
the majority against the town organization
pcheme was $40. The election was a tame
affair, and the result was not unexpected.
Although the sheriff issued an order prohi.
biting the saloons from doing businep,
on that day, they were nearly all in full
81 last. ~
Weather warm and inclined to create
fever. l.. E. C..