Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-12-12

u oAAA ONA6SA "PpStASN VAN Nv
PENDANT.
A jury had not been obtained when
court adjourned at the noon recess.
When the court met after the moo re-
cess, the jury was completed and the ex-
animation was begun after Mr.. Jamison
had made a formal objection to the admis-
sion of testimony under the information.
The objection was Overruled.
Sidney G.. Smith was the first witness eX-
amined. He testified as to the facts re-
garding the assault on Mcbride on the
night of November 1st; which facts have
been fully published in the TRIBUNE.
Thomas Hines was the next witness and
gave a very straightforward story Of the
occurrence.
DR.. Kendrick testified as to the severity
of the blow.
Court then adjourned till this morning.
[From Sundays Daily.]
Yesterday morning court convened at
10 O'Clock. Judge Winchester said that in
the case of the State VS.. Trammel, sentence
would be postponed, to enable the court to
look up certain matters that he desired to
investigate more fully in relation to the
case.
THE O'LEARY CASE.
The OLeary case was renewed. Joseph
Wood testified that on the evening of Nov
ember LIST. he was in Quinlan & Holloran,s
saloon where he saw the defendant wash
ing himself. After he had finished wash
ing, he had a beer bottle under his arm.
Witness could not tell where he got it. He
was leaning against a partition, and said
to witness that he would cut open some Of
the Witness told him that
he had better do nothing of the kind; that
he had just got out of n trouble and he
would surely get into Trouble again if he
was not careful. Witness did not see
O'Leary again until half to three-quarters
of an hour later-after the assault on Nc
Bride. O,Leary was then in the middle of
Main street, between two officers. The
defendant, when in Quinlan's saloon, ap-
peared to be "groggy" though not so drunk
but he could walk fairly well, and he
talked in a rational manner His tongue
seemed to be a little thick but the witness
could not tell whether this popularity was
due to drink or the treatment he had re-
ceived in the fight he had had.
Joe M. Edgerly testified to aiding to
carry Mcbride into the drug store after the
assault. He sent for DR.. Kendrick, and af-
forwards picked up some pieces of a beer
bottle that he found at the corner of the
First National bank block on the sidewalk.
There were nine pieces. He put them into
his pocket and a few hours after he placed
back of Ills Office. They had remained
there since until the previous day.
Emil FrOmme, who assisted in carrying
Mcbride into Frisby's drug store, testified
as to McBride's wounds, cOrroberating the
previous testimony.
The state then rested its case. Mr.. Ber'
gan addressed the jury in opening the case
for the defense. He asked the jury to
withhold its judgment until the case for
| tie defense had been put in. They ex-
pected to near that on the night in
| question the defendant had been en-.
gagged in a brOil in a saloon, after which
he bought a bottle of beer and started to
20 home. AS he was leaving the saloon
some one told him to look out as Dresser
was after him. AS he was going home lie
thought some one was coming at him, and
he threw the bottle solely as a matter OF
self preservation and for self defense.
William Lowry was the first witness fol
the defense. He did not see any of the
fracas, but testified as to OLeary's con.
dition plior to the assault.
Con O'Leary the defendant went on tthe
stand. He testified that he went into sew.
eral saloons on the night in question and
had a quarrel and a fight with Dresser,
He (O'Leary) was badly used, and his face
very much bruised, He went to the drug
store and had some arnica rubbed on his
face. Some Of it got into his eyes and
blinded him so he could only sec with one
could not say whether or not he had any
thing more to drink. He took a bottle OF
| beer which he intended to take home. He
started out and Oil the way he was warned
that Dresser was laying for him. AS he
was going along he saw W % men coming
towards him and thought one of them was
Dresser. He thought he was coming fol
jumped on by Hines and pounded, and the
next thing he knew he was in Jail.
Court then adjourned till 2 o'clock.
At 2 O'Clock tile defendant again took the
| stand. In his cross-examlnation he could
not remember much beyond what he had
testified in his direct examination.
Tom Murray testified to going to FRS
some arnica, which arnica was rubbed on
the defendants face.
Richard Penwarden testified to the
pounding of OLeary by Hines after the as
sault on Mcbride.
DR.. Porter testified to treating O'Leary
on the following day; His face was swol
him once. .
Henry Glitchka testified to the defend
ant coming into the drug store and buying
some arnica and putting it on his face
which was swollen and badly bruised.
Judge Francis, for the state, did no
cross-examine any OF the witnesses to-
the defendant, with the exception of the
defendant himself.
Judge Francis opened the case for thu
state and Mr.. Bergan made a speech fol
the defense. He said that there had beer
no attempt on the part of the defense tx
deny the assault. The defendant had tolc
the story as he understood it, and none
would question the t%ruthfulness OF the de
fendant's story. There was considerable
%carousing and excitement on the streets
There were three brass bands and two
political meetings. He claimed that the
defendant wa not accountable for hi
acts. He claimed that the state did no
contemplate the incarceration Of a man fol
a crime that he, committed when not in {
proper condition to Judge the natural con
sequences of his own acts.
Mr.. ,JamisOn also addressed the jurY fol