Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-12-19
The Jury in the Bly, Healy-Ecklund
Case, After Being out Sixty
Six Hours
FINALLY Come in With a Disagree
ment, and are Discharged
by the Court.
After Consulting Their Attorneys,
the Defendants Conclude Not to
Move the Case Now.
From Fridays Daily, 12th,l

From Fridays Daily, 12th.l
Yesterday morning Mr.. A. r. Avery
again took the stand to testify in the case
aof BLY, VS.. Healy and Ecklund. He testi-
fled to changes that had been made in the
tax lists for 1889.
County Treasurer Dunn also testified to
the same point. His testimony went to
Show that changes in certain lots and lands
were made after the resolution of the board
authorizing them to be made.
Mr.. Edgerly then took the stand and
gave testimony corroborating that which
had been given by previous witnesses.
Court adjourned till 2 o'clock.
Gus johnson was called and gave evil
dence corroborating that given by previous
witnesses.
jacob Raymond testified that he hauled
material for the Long Lake bridge. He
was employed and paid by Mr.. Healy.
Martha Hagan testified as to the bridge
built by Burgess over a coulee. He said
that the old bridge that was torn out was
serviceable when he passed over it just be.
fore it was torn out.
E' Il va lCCdllCu dlu ltSllIpu dS
to some minor points.
The plaintiff then rested its case and Mr.,
Newton addressed the jury for the defend.
ant. He claimed that Mr.. Healy signed
the TRIBUNE and F. V. Barnes warrants
by mistake. He claimed that the county
commissioners had no right to make a civil
township out OF two fractional townships
and that when they were confronted with
III EsiIIge or the township Of Painted
Woods they could do nothing but declare
their opinion to be that it was not organ
lied The defendants acted with the pur-
pose and intent OF doing their exact duty
in the premises. In regard to the abate-
ment OF assessments on various lots and
lands, Mr.. Newton claimed that there new
er was an assessment made by III assessor
before the county board of equalization.
The defendant undertook, in good faith, to
correct errors and tn superintend the fiscal
affairs of the county in the best way posi-
BILE When they declared Mr.. Barnes to be
Out of Office, they did so in good faith, be-
lieving that he had no title to the position.
Mr.. Hanltch then moved that the jury be
directed to find the defendants not guilty of
the offense charged in the complaint. He
claimed that the evidence does not show
that the defendants have been guilty of
great Partially; that they have been guilty
Of acts of usurpation and oppression and
that they were guilty of willtul maladmin-
10y AobLu cto III An l. AAAoAcLSo olAUU OilO CS-
idence does not show any cause for the re-
mOval Of the defendants from their Office.
Mi. Ball replied to Mi. Hanitch and the
court denied the motion to dismiss.
The first evidence for the defense was a
deposition of A. Y. Balm of Minneapolis.
MI. Balm denied that Mr.. Healy was the
agent for Balm IL Co.; denied that Balm &
Co. agreed to pay Mr.. Healy anything for
services connected with the work Of build
ing bridges in Burleigh county. A letter
was produced that Mr.. Balm wrote in Octo-
Der, 1889, to Mr.. Edgerly, stating that he
supposed Mr.. Healy would see to the en-
ployment of men on the bridge. Another
pier that fell, to Mr.. Healy. Mr.. Balm adj
mitted that he (Mr. Bain) had said to MI.
Edgerly that Mr.. Healy had represented
A. Y. Balm & Co. in the construction Of the
Long Lake bridge.
Mi. HeaIy was then called. He denied
He said that his employment OF the wit
ness Raymond was to haul out material
for a part Of the substructure not included
in Balm & COS. contract. Mr.. Healy then
went on to explain as to why he mutilated
the two county warrants, claiming that he
signed them by mistake. He acted under
the advice of Mr.. Hanitch when he struck
his name from the two warrants. Mi.
5Hanitch also advised him that Mr.. Barnes
was not legally district attorney of the
county. The witness said that he acted
solely in the interest. of the county In his
vote in regard to the Painted Woods civil
township matter. He thought the town
ship was not organized according to law,
and he desired that If there was to be a
township organization, it should be strictly
in accordance with law. He also testified
to the reduction of assessment on various
a0ts and lands, and claimed that it was all
done in good faith and with the best of in
tentions and purposes.
Mr.. Healy's direct examination was not
concluded when court adjourned at 6 p. M.
till 10. o'clock this morning.