Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-05-22
The First Days Prnceodings-A Large
Number Of Cases Disposed of
i'll Different Ways.
All But One Of the Liquor Cases
Will be Tried in the Sweet
+ Bye-and- Bye.
Westminster and c owan Ask to Have
Their Case Continued Till
Next Term.
Tom Cox, Charged with Grand Lar
ceny, is Found Guilty by
the Jury.
District { curt.

g From Wednesdays Daily.]
5g5 The district court for this county con-
yened Tuesday morning at 10 O'Clock at
the court house, Judge Winchester presid-
ing. A number of jurors asked to be eX-
cused, and in some cases, where good rea.
sons were given, the jurors were excused.
On the informal call Of the calendar the
following cases were continued to the next
term, for various reasons, by consent of
both parties: Elmer j.. Field VS.. Hugh
Campbell; n. p. r. r, company VS.. John S.
# Waldron; Elmer &. Field VS.. Hugh Camp
bell, Frank Z. Allen VS.. Robert S. and Ma
ny A. Feaglcs; Mandan Roller Mill com
pany VS.. l. P. Baker; Benton Transports
ton company vs.. Russell Miller Milling
company; Benton Transportation company
VS. Mandan Roller Mill company; John A.
Mclean VS.. Emil j. Claussen; r. 3. Mellon
VS.. Burleigh county; Missouri Valley Land
Mortgage company VS.. Burleigh county;
Nugeut & Brown VS.. j. e. Britton; Maria
Riley VS.. p. r. Smith; F. II. Register VS..
VIM. S. Moorhouse ct al, county commits
sioners; state Of North Dakota VS.. John
Quinlan. NJ. Halloran, J. G. Sanders, G. r.
IS Williams, S. G. Swensnn, L. Kountz, Fred
Fisher, VIM. w. II. Conner, II. Tatley, Mrs.
Louis Peterson. NJ. SHIRLEY, Joseph Fox,
Fl. &. klinr, F. kim. E.. II. BLY,; (these
cases were liquor cases brought by Mr..
Goodwin, the late encouragement: proba.
bly, at the next term they will all be dis
missed;) Jas. W.. Raymond ct al VS.. Jas. II.
Marshall ct al.
The following cases were dismissed or
settled:
r. B. Thistlethw waite VS.. F. D. Walker; Joe
Wing VS.. Lum Hing; B. Logan VS.. A. At
rill.
In the case of the state Of North Dakota
VS.. Louis Westminster and IhOs. Nc
Gowan, States Attorney Register tried to
persuade the court that it was a court, and
not a Jury case. Mr.. Boucher, for the de-
PENDANT, claimed that it was a jury case.
Mr.. Register read various authorities in
support of his theory, and the other side
was given till this morning to prepare an
argument in reply to Mr.. Registers theory.
ARRANGEMENTS.
In the afternoon ThOs. Cox was ar
raigned on a charge of grand larceny on
April IL, 1890. MIR. M. T. O'Connor and
Mr.. StoyeIl appeared for the defendant.
: The defendant pleaded not guilty.
Robert Roberts was arraigned on a
charge of feloniOus shooting with intent to
Kill. fIduCfS N OdIlltS anu OUIlu "A. OlOyCll
appeared for the defense. The defendant
was given Till this morning at 10 o'clck to
demur to the complaint or to plead.
TRIAL OF THOs. cox.
A jury was empanelled in the case of
the state of North Dakota VS.. Thos. Cox, on
a charge Of grand larceny. In the course
of the challenges Mr.. Register p%eremptor-
lily excused Barney Flynn. Thos. Brown
and Louis Larson. Mr.. O'Connor excused
Asa Fisher, VIM. Glitschka, VIM. B. Couch,
Chas. Kupitz, w. Oscar Ward. John II.
Linn and Hy jacobson. The jury, as finally
selected, consisted of the following named
persons: John W. Pencil, Caleb Farr,
John Anderson, J. +. Wallace. ST.. S. B.
Lawrence, Walter Bigelow. Geo. W. Vain
wright, VIM. Walton. john Gable, E. L.
Faunce, D.. 5. Wells, Edward Patterson.
The trial was then proceeded with,
Adolph Johanson,a Mclean county farmer
testified that on Sunday, April 18th of this
year, he went to the house of Cox with a
man who claimed to be a printer. He
there drank some wine of life, which the
alleged printer had purchased with his
Z (Johanson's) money. Mrs. Cox did not like
this beverage, but preferred whisky.
whereupon J%ohanson gave Cox a dollar to
This was bought and drunk by the Cox
family and the witness, the stranger hav.
ing left the premises. JOhanSOn'S store OF
wealth was drawn upon for another
dollar for a second pint of whisky,
which was also consumed. The intOxicant
had a soporlfic effect upon Jnh%anson,and he
went to sleep in a chair. When he went
to sleep he had $50 in gold in his trousers
pocket, tied up in a handkerchief, but
when he awoke, it was gone. He then
sought to have Cox arrested.
Con Malloyitestified to meeting JohansoD
who wanted Cox arrested.
E. E. Semmeling testified that on the 18th
of April Cox bought some goods at From
mes store and paid for them with a $2C
u. gold piece.
Policeman Marsh testified that after
Cox was bailed out he remarked to him
{Marsh) "you found out where l changed
the money. If you 60 to DcGratf's you
will find that I changed a $50 order
there.'
w. s. DeGratf was called, and stated
that Mr.. Cox had not changed a check
or, order with him since last fall.
/. G. DeGraff testified that MI. Cox
had never changed a check or order with
him.
Mr.. VIM. H. DeGraff gave a similar testi
Court adjourned till 10 o'clock this morn.
ing.
COURT NOTES.
@F59f / UO CdoO " 41IOUdlu3 CPCuCCl " DOL VlCVi
of Chicago VS.. the Capital National bank
of Bismarck, which arose out of the Van
HOuten assignment, was on the calendar al
the last term. On that occasion there was
a good deal of dispute as to whether or not
1T should be tried by the court or a jury
The parties have now agreed to make it d
81 court case and it will be tried at this
term.
The celebrated case of Joe Hing VS.. Lum
Wing, which for several terms has ap
peared upon the calendar, is now off, both
parties having gone to China, presumably,
where it is expected they will settle their
difficulties.
Itlooks as though Con Peoples of Man.
dan and Thos. J.. Flavin might be called
upon to put up $500 to the county of Bur
leigh in lieu Of the person OF Dennis Line
han, who is out o. bail on q charge OF
grand larceny. Peoples and Flavin en-.
tered into a bond for Linehan's appear.
ance at this term and the rumor is that he
has left the country. Anyhow, something
is likely to be done in the matter this
morning.
From Thursdays Daily
When the district court assembled yes