The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1891-05-30

have been found by this court guilty OF
contempt of court. After r~efection-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 10 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 l made, taken al
Judge Winchester: That is not what l
Judge Francis: Then l have nothing
Judge Winchester: The question l ask
you ls-do you yourself think you did
wrong?
Judge Francis: 1 am under oath and
this is my answer. Under the oath that |
have taken l cannot say that l think l did
wrong, except this -.
Judge Winchester: That -.
Judge Francis: Then l will not qualify
it if 1 cannot be permitted to explain it. l
have no feeling that l did wrong. Az me
same time / have the utmost respect 1or
the court-for any court.
Judge Winchester: Our personal rela-
tons have been very friendly; and person
ally l am friendly to you now; but l feel as
though [ 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 20 %unnoticed. / have observed in
the past that while you were Judge OF this
district, NO person seemed to a more
pride in seeing the dignity maintained
than you did while you sat where l now
sit. You were then ealou in seeing that
the dignity of the court was maintained
And it seems to me under all the oo cir
c~umstances, your manner IN court
at the time you made the
remarks which placed you in contempt
the very manner, saying nothing ABOUT tEe
words themselves, was such as TO almost
place you in cOntemp-especlally a man
who has filled the position which you nave
filled; and 1 may say the position you filled
with SO much credit to yourself and the
district. Hence l say you, above all 9TH
ers, ought to have known better than
to have stated what you did, and to have
Sid it in the way which you said 1t. IL
seems to me that you ought TO know thaC
what you said was wrong. and that you
solally l have no feeling in this matter. l
would rather not 90 what l feel l am
Obliged to do, under my oath. But l. can
not escape from performing my duty; Inc
sentence is that you pay a fine OF SlOO, ana
that you stand committed in close c0nflne-
ment in Burleigh county jail until the same
is paid.
and handed it to the clerk. On the rec
Ords of the court an exception to the SEN
tence was allowed Judge Francis.
THE ROBERTS CASE.
The jury in the Roberts case was called
into court during the afternoon. They
stated that they had not agreed, and Fore
man Patterson said he did not think the
Jury would agree. The court then gave
the Jury fuller instructions as to their
right to find a verdict of a lesser degree
than that charged in the information, and
the jury again retired, taking win them
the typewriter instructions just given by
the court. At $50 the jury came into court
| again and wanted to be discharged, but the
Judge, after giving them more good advice,
sent them out again.
Ats O'Clock the jury came in, and in
response to the court stated that they had
| arrived at a verdict. Forenan Patterson
stated that the jury found the
glilty of assault with a pistol with intent
to do bodily harm, the same without Justl-
fable cause or excuse.
Judge Winchester thanked the jury for
the courtesy it had shown the court, and
the attention they had given to their duties,
and then adjourned court.
Court opened yesterday morning at 10
o'clock. The argument of council was re-
sumed on the question as to whether Ger
| tain liquor cases should be tried by a jury
or by the court. After hearing Messrs.
B, ucher and Register, Judge Winchester
d cided to submit to a jury the questions
as to whether the defendants kept for sale
and did sell intoxicating liquors.
The case of the First National bank of
Bismarck VS.. George Peoples was then
called. Mr.. Register appeared for the
nlaintiff and Messrs. Stoyell and Edgerley
for the defendant.
The answer. of the defendant did not
conform to the proof; the plaintiff moved
for Judgment and the jury was Instructed
to find for the plaintiff in the sum OF
S572.99
Mr.. Register moved that the bond Of
Dennis Linehan, given by Con Peoples
and Thos. j. Flavin be forfeited. MI.
O'Connor appeared for Linehan n MIR.
Edgerley for Mr.. Peoples. MI. O'Connor
moved that the case be continued to the
next term. He then stated that the Dond
was worthless anyhow, as it is drawn to
the Territory of Dakota instead OF to the
state of North Dakota and is not worth the
paper it is written on. Judge Winchester
looked over to the bond and said that he
should hold that it was good. MI. Regis
ter addressed himself to this proposition
and quoted section 4.6S7 of the compiled
laws to sustain his position. The bonds
men were given sixty days in winch 70
produce the defendant and at the end OF
that time the bond will be forfeited. Mr..
O'Connor says that Linehan is looking Tor
the party that gave him the coat with
which he Is charged Of stealing.
On motion of the attorneys for ). Il: San
ders. the case of the state against j.. u:
Sanders and G. r. Williams was continued
over the term, on the payment OF $26 costs
by the defense. This motion was made be-
cause of the sickness of the defendant San
ders. - g.
court. Judge Francis said that MI. St0yell
and himself had been considering the ques-
ton as to what they should do In the mat,
ter of asking for al arrest OF judgmenta and
a new trial, and he hoped that this morn
ing they would be able to make q dennite
statement to the court as to what they
would do. Mr.. Register said ne was ready
to discharge witnesses Harten q ANGER