Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-05-29
The Liquor Cases Bob Up Again
George Peoples Gets the
Worst of it.
The Trial Of Dennis Linehan for
Larceny Extended tor
Sixty Days.
The Bondsmen Must Then Produce
Three Hundred Dollars or
the Defendant.
From Wednesdays Daily.l

Al nine O'CLOCK tuesday morning the
hearing of the case of Bismarck National
Bank VS.. O. s. Golf was resumed. Mr..
Raymond and Colonel Hughes were on the
stand.
MI. Flannery moved the court to instruct
the jury to bring in a verdict for the plain
The motion was granted, and a verdict
for 1866 was rendered for the plaintiff.
r JUDGE FRANCIS FINED.
Soon after court opened, Judge Winches-
ter sent II bailif for Judge Francis. Shortly
after Judge Francis arrival, there was a
slight delay in the case being tried, and the
following proceedings were had in relation
to the sentence for contempt of court
which had been suspended over Judge
Francis head.
Judge Winchester, addressing Judge
Francis: I had you sent for the
purpose of passing sentence upon you in
the contempt proceedings.
Judge Francis: Yes, sir.
Judge Winchester then had Judge Fran
els sworn and asked him the questions as
to his nativity, ETC., usually asked before
passing sentence, and continued: You
have been found by this court guilty of
contempt of court. After reflection-hav-
ing had time for reflection, if you have
come to the conclusion that you think you
did wrong and are willing now to say that
you are sorry that you did wrong, it will
!, be taken into the account as mitigating
circumstance in passing sentence, and l
will give you an opportunity to say SO
now.
Judge Francis: 1t does not take me
long to reflect. | have already stated in
the hearing of the court. that if the court
thought that the remark made, taken al
Judge Winchester: That is not what |
want you to say.
Judge Francis: Then 1 have nothing
whatever to say.
Judge Winchester: The question l ask
you, ls.do you yourself think you did
wrong?
Judge Francis: I am under oath and
this is my answer. Under the oath that l
have taken l cannot say that 1 think l did
wrong, except this -.
Judge Winchester: That 60.
Judge Francis: Then | will not qualify
it if l cannot be permitted to explain it. l
have 10 feeling that l di wrong. At the
same time 1 have the utmost respect for
the court--for any court.
Judge Winchester: Our personal rela-
tions have been very friendly; and person.
ally l am friendly to you now; but | feel as
though 1 would not be true to the high
trust that has been reposed in me as judge
Of this district, to allow a matter of this
kind to go unnoticed. l have observed in
the past That while you were judge of this
district, no person seemed to take more
pride in seeing the dignity maintained
than you did while you sat where l now
sit. You were then Jealous in seeing that
the dignity of the court was maintained.
And it seems to me under all the cir
cumstances, your manner in court
at the time you made the
remarks which placed you in contempt
the very manner, saying nothing about the
words themselves, was such as to almost
place you in contempt-eSpecially a man
who has filled the position which you have
filled; and 1 may say the position you filled
with so much credit to yourself and the
ers, ought to have known better than
to have stated what you did, and to have
said it in the way which you said it. 1t
seems to me that you ought to now that
what you said was wrong. and that you
ought to be sorry for what you said. Per-
sOnally [ have no feeling in this matter. l
would rather not DO what l feel [ I'M
obliged to do, under my oath. But 1 can
not escape from performing my duty. The
sentence is that you pay a fine Of 500. and
that you stand committed in close cOnfine-
ment in Burleigh county Jail until the same
is paid.
Judge Francis soon produced the money
and handed it to the clerk. On the rec
Ords of the court an. exception to the SEN
tence was allowed Judge Francis.