Courier Democrat. (Langdon, N.D.) 1891-1920, 1891-05-07
The Grand Jury Returns Three In
dictments to the United States
Court.
VIM. A. Newberry Indicted for the
New Salem Train Robbery
Case Postponed.
An Opinion by the Acknowledgement
Regarding Credits and In
debtednesS.

The United states QlSIrlCC court opened
at 10 o'clock Tuesday morning. At 1876
| the grand jury came in and returned in
dictments against three persons as fol-
lows:
VIM. A. Newberry, for robbing the U. S
mail June 8, 1890, in Morton county. near
New Salem. The crime for which he was
indicted was one of the most daring train
robberies ever attempted, occurring one
and half miles west of New Salem, where
the east bound Atlantic mail was held up
and robbed. The prisoner was arraigned
and the clerk read the Indictment. Mr.. w.
P. Miller of Minneapolis appeared for the
defendant and Judge Thomas informed
the prisoner that he would give him until
Monday, April 18th, to plead, but the de-
PENDANT chose to make his plea at once and
plead not guilty. His attorney then read
an affidavit from the defendantin which he
stated that he was not ready for trial. He
said at the time of his arrest he was in Vir-
ginia. He was brought to Fargo. At the
time of his hearing, which occurred soon
after being brought to Fargo, he knew no
one and had no attorney to defend him. He
was placed in Jail in default of S., 900 bonds,
where he has remained since. At the time
of his arrest, what money and other prop
erty he had was taken from him and kept
in the custody of the United States officers
until short time since. He also stated
there were several witnesses in Texas and
Idaho he wished to testify at his trial. One
by the name of Huffman, who resided in
Idaho, was willing and would
at his trial testify that on the eighth of
June, the time the CRIME was committed,
witnesses he wished had known him from
boyhood and their testimony would be as
to his character. He said the reason why
these witnesses were not present, was be-
cause he had no money with which to pay
their expenses AS there had'not been suffici-
ent time since the release Of his property
to get them here for this term of court
Judge Thomas asked United States At
torney, Mr.. Shelby If he wished to move
wished to dispose of the case at this term
of court, but he would not insist. Judge
Thomas said the case was very import
ant one and if the prisoner should be
found guilty it meant life sentence. He
would therefore transfer the case to the
southeast division, and the case would be
tried at the Fargo term in May. Mr.. Mil
lCI dShCu GLd l Ills ClleuC . Udll Ut uxtu Ill
some lower amount, but the Judge refused
to consider the motion.
VIM. Joha Kelly was next arraigned,
charged With taking from the United
States mail a letter containing sum of
money. Mr.. Hanitch appeared as his at
torney and asked that the case should not
be moved at present. The clerk read the
Indictment which the grand jury had just
returned. He asked the prisoner if his
true name was VIM. A. Kelly?
A. No sir.
Q. What is your true name?
A. VIM. John Kelly.
The judge granted the attorney until next
day at 10 O'clock a. m. when he said the
case would be taken up and disposed Of
James B. HOneyman, of Sherbrooke,
Steele county, was next arraigned, and the
clerk read nine indictments which the
grand jury had returned against him for
using cancelled stamps and trying to de-
fraud the United States by sending them
through the mail. Mr.. Newton appeared
for the defense and asked for time to pre-
pare the case for trial. The Judge granted
him until the next day at 1920 when the
casewould be taken upand disposed of.or as
soon after as the Kelly case had been tried
Stephen Kiley, NJ. Boch and Herbert Az
tendorf were arraigned and asked to show
cause why they had not appeared before
the court in accordance with subpenas is
sued March 18th. They gave as their cause,
no money to pay their fare with. They
reside near Grafton. The judge told them
to appear before the grand jury at 2
o'clock and present themselves to the court
at 10 am. next day. In the meantime he
would consider their excuse.