Courier Democrat. (Langdon, N.D.) 1891-1920, 1891-05-07
owed him, but he never received letter

owed him, but he never received letter
nor any money from him.
C.L. Wayland, postoffice INSPECTOR, was
next sworn. He testified that in company
%th the ohi etv Of Of d R9sS FFs
visited the defendant on the
9Th day of February, 1891. Mr. Kelly told
them at that time. when he came home to
dinner the 22nd Of December last, his wife
gave him registered letter, which he
looked at but did not open. He gave the
letter back to his wife and told her to take
him. He said all his business letters at
that time came addressed to VIM. j. Kelly,
as he had some trouble with his mail. Mrs.
Kelly was present during this converse
ton.
P.W. Hennessy was sworn and substan-
tiated Mr.. Wayland's testimony.
Ole Thompson: II am register and deliy-
gave the letter in question to Mr.. Alex
ander. 1 never saw thealetter after"
M. n. Shaw, assistant postmaster, was
sworn; but his evidence was of little value.
He had never seen the registered letter
in question. He said he sorted and took
care of all the outgoing mail, and il the
letter had been dropped back in the Office,
At this point IN the proceedings Mr..
Hanitch saidahe would put both the de-
PENDANT and his wife on the stand as wit
neSSeS.
The defendant on the stand swore he
never saw the letter but once, and that
was when his wife gave it to him. He
gave it back as soon as he saw the ad-
dress and told her he did not think it
was his. All he told her was to take it
back to the postoffice.
Mrs. Kelly: ut was sometime about
noon when the letter carrier made the de-
livery at my house. took the letter and
gave a receipt for the same, when my hus-
band came home about O'Clock gave the
letter to him. He gave it back to me and
told me to take it back to the postoffice.
He said it was not his. She went down in
the evening between 8 and 9 o'clock and
the postoffice was closed, She did not
know she ought to get her receipt back, and
dropped the letter in the Office. She never
saw the letter after.
by Juror Kennedy.
@. Could letter get through the post
office without being stamped by your
stamp?
A. Such thing could happen.
The prosecution and defendant both
rested. Attorneys decided to give the case
to the jury without argument, The judge
addressed the jury and retired.
At las this morning the jury came in
and announced that they had found YER
dict of guilty.
Adjournment.
Nothing of interest was transacted by
the court Monday before noon. VIM.
Kelly was arralgned for sentence, the petit
jury having returned verdict of guilty
early Sunday mrning. His attorney,
Louis Hanitch, asked that sentence be
suspended until afternoon, which request
the court granted. In the afternoon the
grand jury made their report and were
discharged. The first Indictment rendered
by the grand jury was against John A.
Fisher, of Ardoch, for sending obscene
matter through the United States mail. A
similar charge was returned against John
McLain, of Grafton. Mr.. McLain was not
present in person, but was represented by
his father. Neither of the defendants had
an attorney. The court appointed D. w.
Yorkey, of Grafton, for the former and
Judge Francis, of Bismarck, for the latter.
Mr.. Yorkey consulted his client and plea
OF guilty was entered to the indictment.
The court, in passing sentence, gave some
sound Advice and made the sentence light,
as it waf the first offense and the defend
letter w as mailed, he was committing
crime. An the latter case plea of guilty
was entered by the counsel. and fine of
500 imposed in both cases, which were
paid and defendants dismissed.
VIM. r. Schwendle of Grafton was in
dicted for the unlawful sale of liquor. The
case was continued to the Fargo term.
Kelly was arraigned and sentence pro-
nounced by the court, of $3.50 or confine-
ment in the Burleigh county jail unit. said
line was paid. The jury in their verdict
recommended mercy more on account of
the wife than of the defendant Accord
ing to the statute in this case at the expira-
leased on taking an oath that he has no
money with which to pay the fine. All
cases being dis posed Of, court adjourned
sine die.