Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-30
He Explains How he did it and Says
he Thought MOtfet Deserved
Whipping.
After Being CrOss-EXamined, Judge
Rose Orders Roberts Put in
Jail for the Assault.
Later he is Let Out on $1,000 Bail
With Quinlan and Lawrence
as SuretieS.
District Court,

was resumed. The cross-examination of
Mr.. Griffin was proceeded with by Mr..
Newton.
The next witness was John j. Ward,
Mr.. Griffin's bartender. He testified that
he went to the saloon on the morning Of
the 22d of January, 1883, at 6 o'clock, and
stayed there till 6 o'clock in the evening.
He swore positively that Mr.. Griffin was
there when he (the witness) went, and did
not leave the building at all. Mr.. Griffin
was in room No. l of the saloon with three
others all the morning, and only came out
once or twice during the forenoon. He
testified also to the fact that he saw Griffin
and two of the other men in the room all
the time, and was positive that they did
not leave, but Bob Roberts was sitting in a
corner of the room and Ward could not
see him. He did not know whether he
left the saloon Or not.
In the cross examination Mr.. Newton
quoted extensively from the testimony
given by Ward at the former trial, when
Mr.. Griffin was under Indictment, and
tried to show wherein the testimony diff
fered then from the testimony given now.
Judge Francis did not ask Mr.. Ward any
questions on redirect examination, and
the court then adjourned.
AFTERNOON SESSION.
Major Dickey was the first witness in
the afternoon. He testified that on the
night of the 2lst of January, 1883, he went
to Griffin's saloon, and stayed there till
noon the following day. He knew that
Griffin did not leave the saloon from s
o'clock in The evening until he went home
shortly before 12 O'clock. He saw Bob
Roberts there, and he saw Roberts so out
of the side door into the alley.
Jerry Duane wa the next witness. He
stated that he was in the saloon of Mr..
Griffin on the morning of the 22d of Jan
uary, 1883, and went home with Mr.. Grit
fin about noon. In cross examination he
denied having stated in Mr.. Cressy's store
that he saw Mr.. Griffin come into the sa-
loon about 10 o'clock on the morning of
the assault. and after putting down a re-
volver, stating that he had done the
up.
Robert Roberts was then called to the
stand by Judge Francis. His testimony
was substantially as follows:
1 am forty-four years of age; reside at
Bismarck; on the 22d of January, 1888. [
was at Bismarck; l recoliect it was Sun
udJ, L ldVC AllUWu II. ~ Illlul, GllG Ut
PENDANT, since 1872 or 1878; l have seen the
plaintiff, William P. Motfet, around the
court room; I saw Mr.. Griffin in his saloon
on the day in question; l was there off and
on all night; l went to the saloon at about
8 o'clock on the Saturday evening; l left
it several times during the night; l was
there on Sunday morning too; when 1
went out of the saloon 1 went out at the
side door into the alley; l was present
when the attack was made on MOffet in
the Settler office; there was nobody there
but MOffet and myself; l made the attack;
it was about 10 O'Clock in the forenoon;
the plaintiff was there alone when 1 en-
ing open a little way; Moffet was standing
nearly in the middle OF the room; l asked
him who was running that paper; he said
he was; l asked him what was his name;
he said it was Moffet; l asked him who
poisoned and robbed soldiers; 1 did not
wait for an answer and struck him in the
on him and gave him five or six more and
a few kicks and gave it to him as hard as
l could because l thought he deserved it; 1
then went down stairs; came down Fourth
street and into Quinlan & Holloran's
saloon at the back door; Levi N. Griffin
did not have anything to do with the at
be made: l made the attack because
l thought the paper insulted me
when it asked who had drugged
and robbed soldiers; l did not want the
community to think that l had got my liv-
ing by doing this; it was in my craw and I
was bound to get satisfaction; that is why
whipped him; it was the article headed
" A Catechlsm" that I referred to as rele ct.
ing on me; l used to be in the saloon bust
ness with Mr.. Griffin in the early days:
was subpGDed as a witness in the former
trial in which Mr.. Griffin was tried for this
o~tfense; I was not called as a witness; l
did not testify.
In cross examination the following state
ments, among others, were made by the
witness.
1 was in Bismarck when l first read the
article that offended me: l was never a
member of the city council; l thought that
that article referred to the old saloon men
generally; it refers to the "gang" and
took that to mean the old timers, and 1 was
an old timer; l had never seen Mr.. Moffet
before that assault; I did not have any re-
vOlver that day; did not have any when !
went into Mr.. Moffet's office; l have never
been in the First National Bank block since
then; I saw a sign on the door when /
went upstairs; l knew the Office was up.
and never since; I struck Moffet first on
the top of the nose; he then fell sprawling
on the floor; l struck him in the head.
After Mr.. Roberts testimony, Judge Rose
read the following order to the witness:
1t is the order of this court that you
Robert Roberts, stand committed to the
county Jail Of Burleigh county Of North
Dakota, until the further order of this
court, to answer the public offense com,
mitted by you on William p: Moffet in Bur
leigh county, territory of Dakota, now state
Of North Dakota, on or about the 22nd day
of January, 1888, the particulars of which
~otfense you have just detailed in your evi
dence in this case now in hearing.
RoDERICK ROSE, Judge.
Mr.. Newton: I move that the case Of Mr..
Roberts be presented to the grand jury fol
having committed perjury.
Judge Rose stated that the prosecuting
attorney was aware of what his dutie
were, and the court had done its duty il
the premises. sE. /,
Judge Francis asked it the witness would
not be admitted to bail. .. -s
Judge Rose said that he could be, AM
the court would fix the bail later.
Judge Francis said that he would asl
the court to fix the bail now.