Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-05-22

Cnat he should make application for q con-
tinuance in the case of the state VS.. West
hauser and Gowan. The defendant could
not safely 90 to trial without the witness
Lucas. In reply to the court, Mr.. Boucher
said that Lucas had not been subpenaed.
MI. Register said that he should oppose the.
motion for a continuance. In the course
OF the afternoon Mr.. Boucher made his
showing for a continuance. He presented
an affidavit signed by Mr.. Westminster in
which it is stated that he has a valid cause
for asking for continuance; that albert Luz
cas- is a necessary and material witness,
and said Lucas is absent; that Lucas is a
resident OF the county; that he spent a
large part of his time On the business
premises of Westhauser; that he sold soft
drinks and kept a restaurants; that Lucas
testimony IS necessary to establish this:
that a subpGnae had not been issued for
Lucas because Lucas had promis ed to be
present at the trial.
Mr.. Boucher read IN affidavit from John
F. Lucas. stating that he is a brother of
Albert I. Lucas, and they received a letter
recently from an Iowa brother who is dan
gercusly sick, and Albert Z. left last Fri
day evening for Iowa. and for no other rea-
son than to attend to the needs of his sick
brother.
Mr.. Register opposed the motion. He
thought that the question should first be
determined AS to whether this is a court or
jury case, then it can be brought up at any
time and no postponement will be necessa-
ny. Mr.. Register said that, as far as he
was concerned, he should ~streuuously op-
pose the release of the building until after
a trial. He did not believe that a case had
been made out by Mr.. Boucher. but he
would not insist upon trial if the court be-
lieved Mr.. Boucher had made out a case,
but he wanted it understood that he did
not propose to be brought up to court every
day or TWO, as he had been in the past,
with Il view to procuring 4 release of the
property. unless he was compelled to.
Judge Winchester reserved his decision
till this morning, but he remarked that he
thought the defendant should be ready for
trial.
CON FOUND GUILTY.
The trial of Thos. Cox for grand larceny
was resumed.
Mr.. w. 5. DeGratf was recalled and tes-
tilted that some time prior to last Christ
mas, he cashed an order for the prisoner,
but he could not state for what amount 1T
was.
Mr.. WEIGH, Mr.. DeGratf's clerk, was
called and testified that he Lad never
cashed a check or order for Cox.
This closed the case for the prosecution.
Mr.. O'COnnOr then addressed the Jury.
He claimed that the states attorney was
very ANXIOUS to secure the conviction of
somebody.
The first witness for the defense was
the prisoner, Thos. Cox. He stated that
on the 18th Of April he returned home
from the country at + O'Clock in the even
ing, and found JOhanson in a condition of
"betwiXt and between" as regards sorbiety.
Johanson wanted some whiskey and Cox
took a dollar that Johanson gave him, and
set out to procure the beverage. Cox met
a strange man On the street, and asked
him to get the whiskey. The man he met
was partly Intoxicated. and Cox assumed
that he could get some whiskey for him
at the same place that he had procured it
for himself. The man got the whiskey in
due course, and returned with it and Is
S>hso III 'SH@ ~ ulS WCIIU IOllCs
and he, his wife, Johanson and John Shan
non together drank the whiskey. The $40
gold piece that he changed at FrOmme's
store he procured in the fall of Mr.. De-
Graft in change for a $50 railroad check.
The witness denied that he stole the
money from JOhanSOn, or knew anything
about how it was stolen.
John Shannon testified to going into COX's
house at COX's invitation, and there having
two drinks OF whiskey with the folks in
there. He also testified to Johanson being
half drunk.
Mr.. NJ. I. O'Connor testified to seeing
Johanson on the 18th of April, in company
with a printer named Denton. Both men
were partially drunk. They were at the
depot. Johanson seemed to be more
under the influence OF drink than Den
ton.
The case for the defense was then con
cluded and the prosecuting witness was
put on the stand in rebuttal, The attor-
neys then addressed the jury and the case
was summed up by the court. The jury
retired and returned into court about two
hours afterward, with a verdict of guilty.
The court then adjourned.
COURT NOTES.
Bob Roberts pleaded not guilty to the in
formation filed against him for %felonious
shooting. The parties interested In the
case stated that they would be. ready to 60
to trial as soon as the Cox case was con-
cluded.
During the noon hour Mr.. O'Connor evil
IDENTIFY ran up against a bottle. Mr.. StOyell,
VIII" was associate counsel for the prisoner
Cox, stated at 2 o'clock, in the absence of
Mr.: OConnor, that Michael II. was sick
and would not appear. In about ten min
ntes MI. O'Connor appeared and address
ing the court, asked a few questions about
the case, but Judge Winchester told Mr..
O'Connor that he had better allow Mr..
Stoyell to conduct the case. Michael T.
would not do as he vas told. and he was
removed to the bastile by Sheriff Donnelly,
with as little ceremony as possible.
Leasing School Lands.
Jamestown Alert: The annual leasing
OF school lands occurred at the court house
SATURDAY. &C a6vnrtico6 Riddorc u,oro fou,