Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-30
The Grand jury that Healy Insisted
Upon Turns Out to be u
Boomerang.
The Reconnaissance Indicted on two
Counts and Held in $1,000
Bail on Each.
He is Given Until Monday to Plead
Other Criminals Arraigned on
Ind .clmtntS.
District Court.
(FrOm SUNDAYS Uaily.l

Iron Sundays Daily.1
When the court opened yesterday morn
ing Michael T. O'Connor began to argue a
case in which he was personally interested.
MI. O'Connor wa charged before the city
justice on February 18th with being drunk
n d%isorderly. He was fined 1926 and $3.50
costs, and he appealed to the district court.
Mr.. O'Connor now desired to ascertain
whether or not his appeal was perfected,
and whether the case was properly before
the court. He thought the appeal was not
perfected, but hoped it was. Nh. O'Connor
read the papers In the case, and claimed
that he had been treated badly by City
Justice Hare.
The court held that the appeal had been
perfected and the hearing of the case was
set for Tuesday.
HEALY ARRAIGNED.
Anderson Healy, with flushed face, and
bearing a subdued look upon his counte-
nance, came into court at 9:58 a, M, &C.
%companied by right-bower O. P. NJ. Jami-
son. Mr.. Jamison announced to the court
that he appeared for MI. Healy, and would
like to have a copy of the two indictments
that had been issued against his client.
He said that there had been a couple Of
bench warrants issued for Mr.. Healy.
District Attorney Barnes: There has
been no arraignment as yet, as 1 under
stand. l now move the arraignment of
Mr.. Healy and of the other parties who
have been indicted.
Sheriff Donnelly then wentinto the Jail
and brought out the prisoners that were
there.
John McCOmaS was first arraigned on an
indictment for assault with intent to kill.
At the request of the prisoner, MI. NJ. j.
Edgerley was appointed by the court to
defend him. The indictment was read
to the prisoner and he asked till 2 o'clock to
plead.
Jas. Miller was arraigned on an iDdict.
ment for assault with intent to kill. He
asked TO have Mr.. O'ConnOr appointed al
his counsel by the court. The prisoner is
a young II able bodied young man, and
Judge Winchester said he did not wish to
put he county to the expense of employ
ing counsel If it could be avoided. lie
therefore ordered the arralgnment contin-
ued till 2 D. m.
The district attorney then moved the
arraignment OF Anderson Healy on two in
dictments for mutilatlng the public rec
Ords.
MI. Jamison: I would ask the indul-
gence OF ,helcourt till Monday morning,
that the arraignment be made then, and
that We have a copy of the indictment.
We will be ready to plead then.
Judge Winchester: l think the proper
thing to do would be to have the defendant
arraigned now, and time could be given
him to plead.
Mr.. Jamison: We prefer to have it done
Judge Winchester: I will not grant the
request made in this case. Let the defend
ant be a~rraigned in the regular way.
Mr.. Healy was then arraigned, n given
till Monday to plead. Mr.. Johnson asked
for copies of the two indictments, and the
court ordered that the same be furnished.
The court ordered the defendant to enter
into a bond of $1,000 for each indictment.
Mr.. JamiSOn intimated that the bond re-
quired was rather heavy, and there was no
danger of the defendant running away.
The court agreed with Mr.. Jamison as to
Mr.. Healy not being likely to run off, but
said that the bond could stand as fixed.
Alex. Miller was then arraigned on an
Indictment for assault and battery. Mr..
O'Connor appeared for the defendant, and
made the statement that he appeared as
counsel without any cost to the county, al
though the defendant is a poor man, and
without a cent in the world. Time was
given till Monday to plead.
AFTERNOON SESSION.
On the opening of court, Prisoner Nc
Comas asked, by his attorney, Mr.. Edgerly,
to have till Tuesday morning to plead.
The request was granted.
Prisoner James Miller was arraigned on
an indictment for assault with intent to
kill on the person of julius II. Stevens.
Mr.. O'Connor was assigned by the court to
defend the prisoner. He was given till
Monday to plead.
MIR. OConnor entertained the court in an
attempt to prove that Thos. Peterson, his
client, was not a nonresident, and
therefore should not give security
for costs in an appeal case that he had be-
fore the court. Judge Winchester held
that security for costs must be given in this
case, and until Tuesday morning was given
the plaintiff to furnish the security de-
manded.
There was quite an array Of talent en-
gagged in the case of The National Bank of
Commerce of Minneapolis VS.. Arthur Nc
Ginness and Frank Donnelly. MI. Han
itch appeared for the plaintiff and Messrs.
Jamison and Boucher for the defence. Mr..
OdLllSOu duu OuukO IIduClS SOukut u
knock the case out of court on the ground
that the complaint did not contain sufi-
cient evidence to constitute a cause of
action. They claimed that the plaintiff,
being a national bank, had no right to pur-
chase real estate as it Is set forth it did in
the complaint. Judge Winchester over
ruled the defendants objection and the
case was proceeded with. The ownership
of the Hayes farm was the first of this &C
ton. Did the ownership of the Hayes
farm rest in Luke G. Byrne on the 18th of
May, 1889, or in The National Bank of Com
merce? If it was in Mr.. Byrne, then Mr..
McGinness' lis pendens on the farm may
be good; If in the bank
then the defendants lis pendens
is no good. A good many objections, mo.
lions, rulings, ETC., were interpOsed during
the reading of the dispositions which made
the case of the plaintiff.
The case was not concluded when the
court rose.
District Court.
from Tuesdays Daily.]
On the opening of court yesterday morn.
ing, arrangements of persons indicted were
in order. James Miller was arraigned fol-
assault with intent to kill. The prisoner
pleaded not guilty.
VL-L- g. 500 -"