Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-23
COURT OPENED.
The District Court Convened and q
Grand Jury Empanelled
Yesterday.
Judge Winchester Delivers His
Charge to the Jury and
Business Begins.
Healy Withdraws His Suit Against
the Tribune and Once More
We Breathe Free.

4ASNAy N"o 4AAo ~ "AAAoO
the Tribune and Once More
We Breathe Free.
District Court.
From Wednesdays Daily.]
The district court opened yesterday
morning at 10 o'clock, Judge w. H. Win
chester presiding. There wa a shortage
of grand jurymen, some of those empan-
elled having been excused for good cause,
while others were not in the county and
were reported not found by the sheriff.
The sheriff was allowed till 2 p. m. to re-
port to the court the names of eight jury
men who were competent to act to fill the
vacancies. The petit jury was called, and
several of those whose names had been
drawn were reported as having left the
county.
The calendar, which consisted of forty
cases continued from last term, twenty
five new cases and four appeal cases from
the justice court, was gone through on in
formal and %peremptory calls.
CASES CONTINUED.
The following cases were continued over
the term by consent of the parties: (1),
Orlando II. Beal VS.. John D. Biggert; (3),
M. P. Slattery VS.. the City of Bismarck; (7),
Maria Riley va. P. r. Smith; (8), Elmer j.
Field VS.. Hugh Campbell; (17) Sallie G.
Sloan VS.. N. P. Refrigerator Car company;
(18), N. P. R. R. company vs. J.. s. Waldron;
(2S), Elmer G.. Field vs.. Hugh Campbell;
{27), f. B. Allen VS.. r. s. and U. A. Feag-
Ter; (28), F. j. Call VS.. c. Duncomber; 1897,
r. F. Howley VS.. Jas. F. Riordan; (5S), P.
81. Kelly VS.. Robt. Macnider; (55), David
Dores Jr. ct al. vs.. D. Russell 1t al; (56),
David Dores Jr. ct al. VS.. David Russell ct
AL; (57), Gardner and Barnes VS.. A. E.
Beal ct al; (67), Jas. D. Mcdonald VS..
Shed Lambert n Dan Mclean.
CASES DISPOSED OF.
The following cases have been dismissed
or otherwise finally disposed Of: 81, M. P.
Slattery VS.. Frank Donnelly as sheriff etc.;
26, VIM. j. Hampton VS.. Chas. R. Williams
and Michael O'Shea; 81, Capital National
bank vs.M. 7. Slattery and ThOS. j. Flavin;
80, VIM. A. Franklin VS.. VIM. r. Adair; 81,
Elmer G. Chase VS.. James HarrOd; 66, NJ
T. O'COnner vs.. James G.. Sanders.
AFTERNOON SESSION.
In the afternoon three of the grand jury
men we're excused, having been challenged
on account of their not being citizens of
United States. Other names were substi.
tuted and finally the panel was completed
the following named persons constituting
the grand jury.
Chas. Kupitz, foreman, VIM. T, DeGraff,
Elvin Wood, Andrew Olson,
81. p. Foster, John Logan,
H. 81. Palmer. John Wheeler,
u. W. Tyler; Thos. Richards,
Edward Brunsman, John Yegen,
Sam Townson. Nicholas Dockendof,
I'd. Patterson, Mat Shelton,
M. Shipley. s.. E. Scribner.
THE JUDGES CHARGE.
Judge Winchester then charged the
grand jury as follows:
The duties which devolve upon you as
grand jurors are of a responsible and i'm.
portant character. They involve the high
est interests and welfare of this entire ju'
dicial subdivision. The court cannot re-
lieve you Of any of these duties or the grave
responsibility that rests upon you. By the
few remarks that l address to you I shall
only attempt to assist you, and if possible
make it easier for you to perform and ful
fiji those duties and bear the responsibility
and burden, which you alone as grand jur
ors must bear.
which has just been administered to you
will give you a clearer conception of the
great responsibility which rests upon you
and the high trust imposed in you. You
have sworn that you will diligently inquire
into and make a true presentment of al
public offenses against this state, committed
or triable within this county. Of which you
ShQn hQVl Nr Obtain local QvinQn0p VOr
will see, gentlemen, that diligence is re-
quired on your part, under III oaths
You are diligently to inquire. You are tt
obtain legal evidence, and later on l shall
attempt to give you my idea of what kind
of evidence you should consider. But FOL
not to listen to hearsay evidence--to street
talk-but you are to listen to legal evidence
IS it shall be presented to you by sworr
witnesses in your presence. You have
sworn that you will keep your W coun'
sci, and that of your fellows and Of the
in due course of judicial proceedings, dis
close the testimony of any witness exam
ined before you, nor anything which you
or any other grand juror may have said
nor the manner in which you OF
any other grand juror may have voted
Past experience, gentlemen, teaches thai
that is not an easy, thing to do. 1t is natu
raj for us to tell others what we know our
selves. Hence, l caution you-perhaps il
is not necessary with such a grand jury al
this-but I caution you to keep your OWL
counsel under your oaths. You should
not, outside of your jury room when yor
are In regular session, discuss questions
that have been brought before you at YOU
regular sessions. You should not allow
any person outside of your number to ap
pr0ach you or talk with you in any manner
concerning any of your duties, and SHOULD
any person attempt to talk with you on thu
street, or in any place, with reference X
any case which you may be considering, i
will be your duty to report that person tx
the court in order that he may be severely
punished. You have sworn that you will
present no person through malice, hatred
or i'll will, nor leave any unpresentet
through fear, favor or affection, or for any
reward or the promise or hope thereof
When you are considering cases that may
be brought before YOU, you are bound Il
lay aside all personal feelings of whateve
kind. You are not to be influenced by an!
personal motive, by any ill will or hatred
Your very worst enemy should have jus
as fair treatment at your hands as you
best friend. You have sworn that in all o
your presentments or indictments you shall
present the truth. tho whole truth an
nothing but the truth to the best OF you
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