Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-06-06
District Court.

.[From Sundays Daily.]
In the district yesterday morning, Judge
Winchester resumed his seat. The case of
J. G. Oswald & Co. VS.. Bogue & Kihm was
the first case called, aud a jury was secured
at the morning session.. Messrs. Jamison
& Boucher appeared for the plaintiffs and
Mr.. M. j. Edgerly for the defendants. The
claim was for 800 and interest since April
1884, a balance claimed to be due for wills.
key. The defendants admitted having had
the whiskey, and admitted that the price
charged was correct. But they flashed up
a receipt given them by the plaintiffs
travelling man, MI. Frey, which acknowl.
edged, the payment in full to date' of the
account. Mr.. Frey, on the witness stand,
stated that the receipt was a mistake, and
that the amount paid at the time the re-
celpt was made was 800 less than the
amount due.
The jury was, on motion of Mr.. Edgerly
Instructed to bring in a verdict for the de.
PENDANTS. which they did.
BOB ROBERTS FINED.
Robert Roberts was arraigned on an in
dictment for assault and battery on Will
liam P. Motfet on January %, 1888. The
defendant appeared in court, and in reply
to the court, said that he had no attorney
and did not wish for any. He pleaded
guilty. District Attorney Barnes moved
that sentence be passed upon the defend
ant.
Judge Winchester in passing sentence
said to the prisoner: If had the power to
adequately punish you for the brutal as
sault to which you have confessed, | should
give you the full extent of the law. NV
only regret is that the law does not give
Inc the power to intlict a greater punish
ment than | now can inflict upon you. The
law only allows me to infict a fine of 500
on YOU ana thirty days in Jail; But | don't
Delleve that a mere thirty days in Jail
would do any good to a man so stepped in
crime as you have confessed yourself to be,
and would only make expense for the
county. If | could inflict a fine of 100000
on you, | would. AS the law is, it does not
allow me to 60 beyond 800. The sentence
of the court is that you pay a fine of 800,
and stand committed until it is paid, for a
term not to exceed thirty days.
The defendant paid the money to the
clerk of the court. His bondsmen were ex-
onerated, and the defendant left the court
room.
A jury was called in the case Of Frisby
70. ACClclldu, anu tl6 court ADJOURNED I'LL
1880 p. NJ.
EVENING SESSION.
At the evening session the case of James
W. Raymond VS.. James II. Marshall ct al
was called. This was a case to recover
$500 on a bond. Both parties desired to
amend their pleadings and the case was
Withdrawn without prejudice.
The following is a list of the jury cases
still remaining untried, given in the order
in which they will be called: Frank Frisby
rs: Elizabeth Mcclellan mo; 49,; ". S
mo. 81; BLY, VS.. Healy & Ecklund No.
following order: National Bank of Com
merce VS.. A. McGinniss ct al. (No. SOY;
county of Burleigh VS.. A. Healy mo. 46);
YIN. Thompson VS.: lily Avery (No. sci;
Caroline Fargo VS.. r. r. Marsh, county al.
ditor (No. 64). Nos. Is and 20.
H GRAND JURY.
The grand Jury adjourned till Thursday
just why is not known-but it is pre-.
sumed simply to give time to prepare the
report.