Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-23
A Goodly Number of Cases Heard
and Disposed of in the Dis
trict Court.
A Barber and Burglar Have a
Foot Race and the Bur-
glar Wins.
The City Council Appropriates 5000
to the Firemen tor Tourna-
ment Expenses.
District Court.
From THURSDAYS Daily

In the district court yesterday morning,
the case of Robt. Macnider vs.. Caroline G.
Little was disposed of, judgement being
rendered for the defense. Mr.. Jamison ap-
peared for the detandent; the plaintiff was
not represented.
In the case Of Lyman-Eliel drug COM
pany, Mr.. Philbrick appeared for the plain
tiff and the defendant put in no appear
ance. This was case in which a chattel
mortgage came in. A demurrer, which had
been interposed by the defendant, was
over ruled by the court. Mr.. Philbrick then
moved the case for trial, the testimony
taken and judgment given for the plain
tiff for the full amount su, d for, $2S6.48.
In the case of Philip Reifsnider vs. Chas.
Weller, the plaintiff sought to recover the
value of two ponies. The ponies strayed,
Weller took them up and put them in his
stable; the next day the ponies were stolen.
Reifsnider then sued Weller for wrongful
conversion of the property. Mr.. Register
appeared for the defense, there was no ap.
pearance for the plaintiff. The testimony
had been taken before referee. The COM
plant was dismissed with costs against the
plaintiff.
AFTERNOON SESSION.
The question as to who is district attor-
ney was incidentally referred to. Judge
Winchester asked Mr.. Register if he had
anything more to say in regard to the ques-
ton.
Mr.. Register said that he did not care to
20 into the matter or bring it up in any
way now. The matter would be brought
up in some subsequent action. He did not
consider that in the judges charge to
the grand jury anything had been said
that would be detrimental to his (Mr. Reg
iSter'S) interests.
Judge Winchester said he had been par
ticular to state that he did not propose to
pass upon the mann question until it was
properly brought before him.
The first case taken up was that of Ed
ward S. Briggs and Uriah S. Shelley VS..
William s. IeateE; Mr.. Register appeared
for the plaintiff. The plaintiffs in the case
are Ohio men, who became the creditors of
Yeater and Kurtz. When their business
was settled up it is claimed that Yeater
and Kurtz each assumed one-half of the
Indebtedness due by them to the PLAIN
ttitfs. or the 1921 alleged to have
s dSe ey Yeatf hs he pad S @ and this
The answer to the complaint set up coun-
ter claims. During the reading of the evil
dence which had been taken by
referee, Mr.. Boucher appeared in the case,
and moved that further hearing of the
case be discontinued, and that the case be
transferred to Emmons county under the
provisions OF law. He said that he be-
lieved the reason why Mr.. Yeater and Mr..
Herrick, his attorney, were not present
was because they did not suppose that it
would come up here in Burlelgh county
Judge Winchester granted Mr.. Boucher's
motion.
The grand jury came in during the after
noon and recommended that the following
cases be dismissed: State of North Dakota
VS.. Henry Gordon; state of North Dakota
vs.. Samuel Hanks; state Of North Dakota
VS.. James Holland; state of North Dakota
VS.. Willard Dawson. Judge Winchester
dismissed these cases as recommended by
the grand jury, and the bondsmen of the
defendant were exOnerated. These cases
were all commitments from justices of the
peace.
The following cases will come up this
morning en- peremptory call: Nos. 6, 25, 29,
30, 98, 4S. AZ, 48, So. 81, 68, on the Burleigh
county calendar. and the case of Peoples
vs. Linehan, from Morton county.