Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-30
The Testimony for the Plaintiff All
in Except DR.. Porter's
Evidence.
The Defense Opens Up by Saying
That They Will Not Only Prove
an Alibi for Griffin
But Will Produce the Man Who Did
Actually Commit the
Assault.
District Court,
fFrom Wednesdays Daily.]

o~
from Wednesdays Daily.]
In the district court yesterday morning
the trial Of the case of Moffet VS.. L. N.
Griffin was resumed. Mr.. MoffeJ took the
stand. He described his acts after the
assault that was committed upon him;
stated that it was about ten o'clock and
was not more than five minutes before or
after that hour. He went to his room in
the Dakota block after the assault and did
not leave his room for a week. He had
consulted physicians in regard to the
iameness of his back, and they told him
that this lameness was the result of the
Injuries he received at the time of the as
sault. The witness stated that he had
never since the assault been able to do
the hard manual work about his Office that
he could easily do before. On cross ex-
animation the witness declared unhesita-
tingly that it was l.. N. Griffin and no.
body else that committed the assault.
Mr.. Richard II. johnson was the next
witness. He said that on the morning of
National Bank block. The door of his OF.
flee was closed. While there he heard a
man whose voice he recognized as thai of
l.. n. Griffin, say-"G-d, d-n you, take
that" He then heard heavy footsteps go
down the first stairs. He came out of his
office and met Mr.: Heathcote, and in a few
moments Mr.. MOffet came out of his office.
Mr.. Moffet told him that he had
Deen assaulted by l.. N. Griffin who had
beaten him over the head with a revolver.
Mr.. Moffet then went down the stairs. and
the witness returned to his office.
The court adjourned after Mr.. J%ohnson's
cross examination was concluded.
AFTERNOON SESSION.
At the afternoon session Mr.. MOffet was
recalled, and. questioned as to the where
abouts OF Mr.. Heathcote, who was in the
First National Bank building at the time
of the assault. The witness stated that he
had been ~unableito get any communication
from Mr.. Heathcote, though he had writ
ten him several letters and had lone all he
could to get word to him.
The next witness was ThoS. j. Flavin.
He said he was walking across Main street
on the morning of the 22d of January.
1888, when he saw Mr.. Moffet standing in
the doorway of Frisby's store. Mr.. Motfet
beckoned him, and he went over. Mr..
Moffet had some blood running down his
back from a wound in his head, and he
said that he had been "done up'' by L.. N.
Griffin.
Ferd Whitaker, who was at the depot
on the morning in question, and who took
the plaintiff to his room in the Dakota
block, testified: Mr.. Motfet told him on the
22d of January, 1888, that 1t was "Griff.'
that committed the assault. and he gath
cred from what he heard the plaintiff state
that it was L. n. Griffin who committed the
assault.
Mrs. Golf testified as to the plaintiffs
condition at the time of the assault. Mr..
Moffet at that time roomed in the Dakota
block.
Mr.. E. L. Goodkind stated that on the
Friday prior to the assault he was in Mr.
Grifin's saloon, and in Mr.. Grifin's alb.
sence, Mr.. John Stoyell at his (Goodkind's)
request, read an article from the Settler
published that day. The article was
headed GA Catechism." Later on Mr. Grif.
fin came in, and Mr.. Goodkind called his at.
he could stand it, and appeared to be indif.
ferent about the matter, but Mr.. Grifin
added that if Moffet did not mind what he
wa doing he would get hurt by somebody
Goodkind asked who would do it, and
Griffin answered that Tom Clark would.
LII. fraser, VINO was called IN 10 see MI,
Moffet in March, 1883, testified as to his
weak and debilitated condition on that
date.
Mr.. Newton said that the plaintiffs case
was all in with the exception of the testimo.
q ny Of DR.. Porter who was absent in James.
town.
By agreement of counsel DR.. Porter's tes.
timony was reserved till he returns, and
Judge Francis opened the case for the de.
tense. He stated that he would prove tc
them by evidence that cannot be we'll con.
tradicted, that Mr.. l.. N. Griffin was not in
the First National bank building on the
day the assault was committed. 1t would
be shown that he was elsewhere at the
time. Besides that, the man who did com.
NIT the assault would 20 on the stand and
forever set at rest the question as to who
committed it.
II CASE FOR II DEFENSE.
Mr.. L. N. Griffin testified that he never
spoke to MI. Moffeti in his life; never STRUCK
him in his life; was never in his Office; die
not 60 into the FIRST National bank block
IN the 22d Of January, 1888; that on the
evening of the 21st., at about 8 o'clock, hi
went into his saloon and remained there
Ia night and until 11:SO a. m. of the 22d
Nh Griffin gave the names of the parties
thai were in the saloon with him, and they
included Hugh McGarvey, Jerry Duane