Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-05-29
Tom Cox Sentenced to Two Years
and Six Months in the
Penitentiary.
After Deliberating Fifty-TwO Hours,
the Roberts Jury Finally
Brings in q Verdict.
They Find Roberts Guilty of Assault
With Intent to do Bodily
Harm.
District Jour
TFrom Friday Daily.

AuOl IIIlH. |
After the list of bailiffs and jurors had
been called, q bailitf was instructed to
bring in Mr.. Michael T. tO'Connor. Bailiff
Mckenzie returned with the information
that the counsellor was still asleep. The
bailiff was instructed to awake the Sleep
ing lawyer. This order was obeyed, and
in a short time Mr.. O'Connor was escorted
into the court room.
Judge Winchester discharged Michael
r. after giving him a few words of ad-
motion. He said that Mr.. O'Connor had
betrayed the trust that had been reposed
in him by his client. He had displayed
ability in his conduct of the case in the
forenoon, but during the noon hour had
INDUCED his appetite for strong drink and
the court would have been justified in dis
barring him at once. This course the
court would not now take of his OWL
motion. The court added that Mr.. OCOn-
nor owed it to TIE dignity of a court of
justice to have restrained his appetite.
Personally, the court did not feel agrieved.
especially, but there is a certain amount
of respect due from an attorney in a court
of justice, which MIR. O'COnnor had vio-
lated,
Mr.. OConnor then left the court room.
THE ROBERTS TRIAL..
States Attorney Register applied to the
court to issue a new order for a petit jury,
as there were now only twelve names
in the jury box.
Judge Francis opposed the motion of Mr..
Register, and a jury was ~empanneled.
Mr.. Register conducted the case for the
prosecution. and Judge Francis and Mr..
yStoyell appeared for the defense.
The prosecution peremptorily challenged
Thos. Brown, John Ostlund and John
OLeary.
The defense peremptorily challenged
William Glitschka, John w. Pennell, John
II. Linn, w. Oscar Ward, Geo. G. Vain
wright, Sllas Woodruff, Geo. H. Wentz,
Geo. Doherty and E. L. Whitford.
When the court adjourned the following
had been selected as jurymen:
Caleb Farr, John Anderson, 5. Lawrence,
VIM. Braithwaite, w. B. Watson, Ed. Pat
terson, VIM: Walton, Joseph Stapleton
and Geo. Hedges.
The court adjourned till 10 O'clock this
morning.
COURT T
The famous case of the w. C. T. u. VS..
Linda w. and B.. F. Slaughter will be tried
without a jury. The defendants want to
have it tried on a Saturday so that Mrs.
Slaughter may be here, as on other days of
the week she is engaged teaching school.
1t is very probable that the case will not
be tried till next month or July.
Next Monday morning, at 10 O'Clock,
Thomas Cox will be sentenced by the
court.
The Westminster case was continued by
the court, on the motion OF Mr.. Boucher, so
as to give the defense an opportunity to
procure the witness Lucas, the defendant
to pay all the taxable costs that have been
incurred. Judge Winchester, in granting
MIR. Bnucher's motion, said that, it the wit
ness Lucas would swear that he drank out
of the same bottle as the complaining wit
ness swears he drank out of, and that the
contents of the bottle were not of an intox-
icating character, he 1.-THE iudge) did not
such testimony. The attidavits presented
ny Mr.. Boucher in support of his motion
state that Lucas will testify as above. The
athdavlts were very strong in other partic
ulars, setting forth that due diligence had
been shown by the defense in procuring
Lucas.
Barney Flynn, Asa Fisher, Chas. Kupitz,
Thos Cunningham, Chas. Van Dusen, G.
=. HOlley, Louis Larson, Edgar Tibbils.
+. Il. Wilson. NJ. II. Weeks, John Little
and JAS. Holland were excused for I'm.
piled bias" Farmer Wallace preferred not
to sit as a juror in the case and was OK
cused.
Among the talesmen summoned by Sber-
! iii Donnelly, Messrs VIM. Hollemback,
Sperry, Harvey, Bears and French were
excused because Of sickness, personal or
otherwise, pressure of business, etc.
There are three more jurymen to be Sc
iiected in the Roberts case. The defense
mas one more peremptory challenge.
[From Saturdays Daily.]
Court opened at 10 o'clock yesterday
morning.
The Roberts trial was resumed and the
attorneys proceeded to secure the three
jurymen needed to complete the panel.
Mr.. Register developed the fact that Mr..
s. Lawrence, one of the jurors selected,
was formerly on Bob Roberts bond, but, as
the bond is 10 longer binding, the court
ruled that it was not a good ground fer
challenge.
MI. WIS. Casselman was called as a
talesman, ana the defense we're satisfied
with him.. MI. Register brought out the
fact that Mr.. Casselman's family did not
move to Bismarck until December 18th
last. Mr.. Register claimed that Mr.. Cas-
selman, not having been a resident of the
county six months, was not eligible. The
court excused Mr.. Casselman.
Mr.. Ben Jewell passed the ordeal of an
examination and was made a juryman.
MI. Austin Logan had a strong opinion
on the matter, but thought he could render
( a true verdict on the evidence if sworn as
q juror. The court excused Mr.. Logan.
Herman Michaelson was placed on the
rack by Judge Francis. Michaelson said
ne had a strong opinion and it would take
strong evidence to change his opinion.
Judge Francis interposed a challenge for
implied bias. Mr.. Register asked a few
questions, when Judge Francis withdrew
his challenge and Mr.. Michaelson was
taken as a juror.
The twelfth juryman was Mr.. j. D.
Z Mack.
The witnesses on both sides were then
ordered to withdraw from the court room,
on the motion of Mr.. Register.
Mr.. Register read the information, stated