Daily globe., 1883-10-29


Acquitted Upon The Evidence of the Pros
ecution-The Other stubbornIy Contest
ed-Misscellaneous Notes.
To the Editor of the Daily Globe. -
PEMBNA, D. T., Oct. 25.--After year
of delays, once again has the benign face
of the blind goddess of justice opened her
temple and her votaries came from afar
to worship at her shrine. Court COM
menced for business slast Friday with q
large calendar both civil and criminal.
The only ones however of any importance
being those of the territory against Martin
Paine for the killing of John Byrnes last
March,and same against johnson, Rosclif
and others. The facts IN this former case
n.brief being that last March Palime went
on to vacant tract of land, built house,
moved his family into it and commenced
residing on, the land in question, near
Pembina mountain. On the 14th March
last the deceased with
some seven others armed
with axes and revolyers, and about nine
o'clock at night proceeded to the house Of
Palmes' and demanded entrance, which
was refused, whereupon the party began
battering in the door with an axe. Palnes
wouldn't stand the ground, and from the
inside opened fire on the attacking party,
killing Byrnes instantly, three Winchester
balls penetrating as many different vital
parts. The rest of the party fled hastened
by Palme's shots after them. Palmes
surrendered the next day and was commit
ted by the magistrate to stand trial.
He was, by the persuasive influence
of the district attorney indicted and his
trial came off to-day. Upon the close Of
the testimony for the prosecution. his att
torney, Judge E. S. Julien Cox, in one of
his old time motions and speeches, de-
manded verdict of not guilty and sup
ported it in very strong argument. The
district attorney, Colonel Ball, gracefully
yielding to the inevitable, and without any
evidence on defendants part, the court
advised the jury, who in few minutes
returned with verdict of not guilty.
The second case is that of the Territory
against Hans Johnson, Olef RoseliG,
JohR johnson and Christian ELL
stad. They are charged with
the murder Of George Archer, near st.
Thomas in this county in April last. On
siderably under the influence of liquor,
went into saloon kept by two of the de-
PENDANTS and soon became involved in a
quarrel with the bar-keeper, in which
he, Archer, drew knife. During the fracas
Archer got one of the partY's fingers into
his mouth and was chewing it up when
johnson came to the rescue with mallet
and struck Archer who was down at the
time on the leg. Archer got up and on
leaving applied some very approbious cpl
thets to the party, and it is said that John
Johnson, of Rosclif, followed Archer out,
and overtaking him, another fight ensued,
in which Archer was severely punished
The next day his dead body was found a
quarter of mile above the town on the
railroad track, his footsteps clearly dis
cernible IN the soft mud, followed by two
men.
At the point where the body was discov-
cred fierce struggle seems to have taken
place as the condition Of the ground clear
ly indicated.
The four young men were arrested few
days after, as Roseclif and John Johnston
were about to leave the country, and after
alengthy examination before Justice Free
man, were committed without bail. At
the last term of the supreme court at
Yankton, Judge Cox, their counsel, with
Geo. Mcclure of Pembina, got Hans
johnson and Ellstad out on habeas corpus.
The whole four were indicted yesterday
for murder, and other indictments for as
sault with intent to commit felony, ,as they
call it, were found by the grand jury. The
trial will probably be removed from this
county as Judge Cox has been energetical-
ly engaged in procuring afidavits of lead
ing citizens of the city that a fair
trial cannot be had here. The motion
comes up tomorrow. Much interest is
manifested in the outcome as the presid-
ing Judge seems to be determined to ad-
journ court here without giving defendants
trial at this term,
Mr.. Mcclure, formerly of Renville
county, and remembered in the impeach-
ment trial, is located with his family here
and doing very fine business in the law.
Fires have lately visited both Pembina
and st. Vincent. Last week Mr.. Strong's
house and Mr.. Goodfellow's large general
store was destroyed entirely at this place,
and on Saturday fire destroyed two saloons
and livery stable in the latter place.
Winter seems to have come and caught
many of our farmers with little, if any.
fall plowing done.
The frost did no damage to the wheat in
this county, the Minneapolis Millers' asso-
citation and the Pioneer Press to the con-
trary Notwithstanding. The yield in Penn
bina county is enormous, twenty-three
bushels to the acre Is the lowest estimate.
No. hard. We have the finest county in
North Dakota territory, which means the
best in the world. Come, see and try
wheat raising. With ffteen-year-old
boy, buy plow, SOW, harvest, market, and
repeat, whilst dad goes hunting and marm
goes to Long Branch. Yours, H. 5
.. ufi es4-,E..- zj 't 80
Cares of Life.
As we come to them they are received, borne
with and passed over with no more than a
thought, if we are in the enjoyment of health,
but il suffering with piles or skin diseases of
any kind the magnify hundred fold. A. R..
Wilkes, B. and E. Zimmerman, and E. Stierle
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