Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-01-10
DIS R COURT.

The Adjourned session re Opesed
The United states Conrr nlsp Ii
observation-disclosures Disposed OF.
a large and very expectant Rudienc,
wss assembled in the court room shi
morning at the opening of court. Thi
assembly was composed for the mos
part OF attorneys and Jurors, but there
we're among the crowd not a few who
were on hand to hear Judge Trips de-
cision in the insane hospital quo war.
rapto ease which WAS expected to-day
Bot his honor is not yet ready and the
decision is not yet forthcoming. However
ii may be looked for tomorrow, but the
certainty depends altogether upon the
a~lacrity with which the stenoaraphera
and the type writers perform these
duties in copying the opinion.
The express purpose for which this
session of court is held ia the trial OF
James M. Walsh, who wa indicted by
the November grand Jury for obstructlng
a public Highway. A brief sketch OF
the matter in litigation hes previously
appeared, but new facts are developing
which promise to make this case in its
results of more than usual Importance
to the county. The litigation has the
added interest OF o neighborhood row
and from the determination expressed
by interested parties it will probably be
9 bitter fight. MIR. Walsh ia supported
in his theory OF his right to close the
road by many Of his neiRhbors who live
between Mr.. Walsh and this city and
who have lsnd through which the
same road runs. The farmers
living beyond Mr. Walsh are
taking another view OF the matter, be-
a the closing of the road makes a
journey to and from this city many miles
longer than when the road was open.
District Attorney L. B French is prose.
outing, while Campbell & Barnes and r.
B. Trlpp are conducting the defense.
The impannelling Of q jury in the
Walsh case was accompanied with no
small amount Of tro uble and before the
challenges for and peremptory
challenges were exhausted il became
necessary for the court to call in q
talesman. After an hour and a half of
quIzzing on the part OF the defendant's
attorneys the following gentlemen were
elected: Henry Schsffer, Frank
Summer, Joseph zczick, a. e. stene,
John Montgomery, J. B. Shaw, John
Rinker, jacob Sitter, w. j. Bruce, F.
Brand, A. 8, Groves aud Frank Swanson
Miss Ellen M. Haskell is doing the
stenographic work on the case.
UNITED TAT COURT
Judge Trip sat for a brief time this
morning aa the Judge of the United
States court for the second judicial dis
trict and disposed OF the case OF W. Fl.
fosssr, VINO wal indicted as the 1855 term
OF the United States court for taking a
registered letter not his property from
the mail. Mr.. Potter, upon being ar
raigned the FIRST time under the ind.ct-
ment, plead not guilty, but by his
attorney this morning he expressed a
wish to enter a new plea. The court
granted the request and Potter upon the
second arraignment plead guilty and
requested immediate sentence. In pas
sing sentence Judge Trip noted a
request for leniency by the United States
attorney, which was heartily endorsed
by 81. j. Campbell for Potter. Judge
Trip then gave the prisoner an oppor.
trcIty for saying why sentence should
not be passed and the prisoner, without
derying his guilt, made q statement to
the effect that he had pleaded not guilty
upon the first a~rraianment because he
was not the only party interested in the
matter and that he hoped to be able to
prove that fact at trial. But he had
been confined Blk months in the county
Jail. hsd been veryIli and wat willing to
go to the p~snitentiary or any where else
if he could emily get out of this "hole,,
as he called il. Judge Trip, at the
Of these remarks, asked the
prisoner his age. "Twenty-nine, your
honor" "Have you ever been indicted
before?" mo SIR" Have Won ever
been tried for any offence? 2" "No sir.n
aWell,I hope the lenienoy of this court
will not be lost upon you,n said the
court, and then the sentences of enc year
at hard labor in the penitentiary was
and the prisoner was remapded
to iail.
The crime for which Potter suffers,
which was new intended to be a crime,
committed last summer at Farview,
in Lincoln county, and was the taking
from the postsRice Of o registered letter
$56. the property Of another.
Potter claims to be only one of many
who were in the game.
THE REV. GEO. Fl. THAYER OF
Bourbon, Ind, says: "Both myself and
wife owe OR lives to SHILOH'S CON-