The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1890-03-07
The Court.


previously reported. except III some mi.
nor particulars. The prosecution was
represented by Attorneys Stack and
Pratt. while Attorney Gaffney conducted
the defense. The jury was selected
with but little difficulty. from special
panel. and were all men of at least
average, and ZONE Of superior mental
calibre and culture. The following are
their names as selected:
H. Harris, Win. Bennett, James Do
bic, John Thompson, S. l.. Swanson,
James Curtis. Il. J. Carrie. Thos. Arn,-
strong, Alex Buchanan, james Byers.
John Ingals and WIN. Lang.
| Boil, sides did all they could to win,
with the previous trial rs a guido, the
evidence was sifted to the bottom. The
case was very ably conducted OH both
sides. The summing up of the evidence
for the plaintiff was given by Attorney
Pratt i'll his usual eloquent and forci-
ble style, while all agree that the effort
Of rttor:,ey Gatiney for the defense, was
the finest display Of legal acumen, clio.
cnsnce and pathos, that has been given
during this term of court, which las
been remarkable one for able forensic
pleas.
After clear statement Of the law and
the subjects OH which the jury should
base their conclusions. from Judge TEN.
pleton, the jury, at eight o'clock p. NJ,
retired to deliberate. Court was soon
after adjourned and ut about twelve
o'clock, the jury agreed, sealed their
verdict, which was brought into court OIL
Thursday morning. 1t awarded the
plaintiff $3.50 actual damages. Thus
Morris, has, in spite Of the most able de-
fense, been declared guilty by two juries.
THE SENTENCES.
at the close of the civil cases on
Thursday morning, the convicted de.
PENDANTS were brought up for sentence.
We haye not the space to rellearse the
solemn scenes that were enacted, OF
the words Of advice, sympathy and
judgment pronounced by the court. In
brief, the judge told Rondeau, that as l,s
lad plead guilty. to the charge of rs.
sault with intent to rape. there was
nothing LETT but to pronounce sentence
for one Of tile greatest offenses. lie had
made some inquiries an to the facts, but
could find no mitigating circumstances,
AMI asked Rondeau ifhe could say any
thing for himself. Rondeau answered,
nothing. The judge asked his age; the
prisoner answered, II last April. The
judge then sentenced him to four Year,
in the penitentiary at Bismarck. com.
mencing at noon Thursday. Rondeau
smiled in very uncomfortable manner
and took his seat.
Tho next prisoner called up was
Frank Morris. Morris appeared to have
u full realizing sense of his situation. as
he stood there under the arm OF the
Ia ". in suspense, awaiting the blow that
WAS sure to fall. Tie judge spoke of the
two trials, the able defense which lie
had had, and the recommendation of the
jury for mercy. Attorney Gaffney, then
in few eloquent words, speaking for
Morris, said lie threw himself OH the
mercy Of the court, and asked the judge
tn take IN con sideration the age aud
family Of the prisoner, and to be as le-
nient rs possible. The Judge said that
the only mitigating circumstance in the
evidence. was that possibly, the prison.
er WAS so drunk, that the malicious mo.
tive was lacking. He then sentenced
Morris to two years in the penitentiary
ut Bismarck, commencing from noon
Thursday.
Next came Fisher. In his case, after
recounting the charge. the indictment,
the plea and the trial. the judge asked
him through the interpreter, If lie had
anything to say. Why sentence should
not be pronounced. Attorney Pratt, il,
speaking for the prisoner. admitted that
there WAS ITO legal reason; that. il guilty.
the law did not give sufficient penalty,
Tut that from this beglnning to the END
hs had been personally satisfied. that
Fisher was innocent, but admitted that
the circunstantial evidence was sutli-
Gent TO convict an innocent nan, but
yet, for this gave doubt, lie asked the
Judge to he nnerciful. Tie judge, il,
passing sentence, said that under the
evidence and verdict, there seemed tu
be no mitigating circumstances what.
ever, and it became his duty, solemn
aud painful though it be. to sentences
the prisoner to the full extent of the
law. ten years in the penitentiary u,
Bismarck.
Fisher appeared very downhearted al
the extreme sentence, and looked VI
though he might break down at any
time. The verdict Of tue general public
~ that the sentences are just and fitting
aud while feeling of sympathy canno,
bs wholly restrained for the unfortun'
atss. yet while mercy weeps, justice i
taatlsf1t.tl