Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-06-19
Bob Roberts Sentenced to Three
Years and Three Months in
the Pen,
Millard SHIRLEY sells George Walker
a Barrel of Benzine
for 500;
But on Opening the Barrel it Was
Found the Eau de Vie was
Waite .
Roberts Sentenced.

In district court, Bismarck, Saturday,
the case of the sta 9 f North Da-
kota VS.. Robert Roberts came up. this
being the day set for the sentence of the
defendant. Judge Francis handed in a
petition signed by six of the jurymen,
asking the court to sentence Roberts to
a jail imprisonment instead of to the
penitentiary. A petition also calling
for clemency was presented, signed by
the mayor of the city, the board Of
county commissioners and nearly all the
county officers. Judge Francis made an
earnest appeal to the court for %clemency.
Judge Winchester siad that while he
had the utmost respect for the individu-
ais whose names are signed to the petit
lions, yet, in the discharge of his duty,
he believed that he would be unworthy
of the position he occupies, if he should
allow himself to be influenced by pas
sion, sympathy or anything except the
stern duty imposed upon the court, and
made clear by a very careful examina-
ton of the records and facts in the case,
and by nothing outside of it.
The court then sentenced the defend
ant to a term of three years and three
months in the p~enitentiary, beginning at
2 p. M. yesterday. Judge Winchester
remarked as he passed sentence that he
took into account the three months the
defendant has already been in Jail.
Judge Winchester gave the defendant
a week in which to 6le a bill of excep-
tions and apply for a new trial. In the
meantime the defendant will be taken to
the pe%nitentiary and begin to serve out
his sentence.
Attorney Voss of Mandan yesterday,
before Judge Winchester, criticised a de-
clslon of the supreme court of the Terri
tory Of Dakota. The decision in ques-
ton was written by Judge Francis, con-
Cured in by all his associates of the
bench and reported in the fifth Dakota.
This decision held that the district court
acquires jurisdiction of a case appealed
from the justice court when the clerk of
the district court receives the transcript
from the justice, even if the fees of the
clerk are not paid at the time, and pro-
vided that the clerk receives the tran
script within fifteen days of the appeal
being perfected. Judge Francis was in
court yesterday to defend his decision.
Needless to say, Judge Francis held that
the decision in the fifth Dakota is the law
of the state until it is reversed by the su-
preme court of the state of North Da-
kota.
Judge Winchester remarked yesterday
to the attorneys for Bob Roberts that he
was DESTROYS of granting to the defend
ant every right which the law entities
him to, and to give ample time and op-
p~ortunity to prepare and present a bill
OF exceptions, and make a motion for a
new trial. At the same time the Judge
lntlmated in very strong terms that he
did not believe the record would disclose
any facts upon which the defendant
could get a new trial. If there ever was
a fair and impartial trial, this was one of
them.
Judge Winchester remarked in court
yesterday that he had received a large
number of letters regarding the Roberts
case and all but one were signed by their
authors and this one alone was unfriend-
ly to the court. Some we're friendly to
the defendant and some otherwise. The
Judge lntimated that on account of a
certain statement in the anonymous let
ter referred to he was satisfied who the
author was. He thought that in the fu-
ture it would be just as we'll for parties
communicating with him to sign their
names.
II. b. Galloway has decided to drop
the suit IN which he was troubled be-
u his daughter was supposed to have
been abducted. She is now married to
Mr.. Tye.
Z. II. Williams wants possession of his
premises, and yesterday, through E. S.
Allen, made application to the court.
The court granted the appli-
cation, Mr.. Register making
no strenuous objection. The
parties will give a bond for $4,000,
which will stand in lieu of the prop
erty.
A North Dakota Miracle.
A novel way to get even with a delin-