Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-04-17
The Grand Jury Returns Three In
dictmentS to the United States
Court.
VIM. 4. Newberry Indicted for the
New Salem Train Robbery
Case Postponed.
The Defendant Wants to Bring Per-
sons from idaho to Prove
an Alibi.
u. S. Court,
From Fridays Daily.l

eslN iS1lSS ilS UtlSliiSSo DNlOlo OuuEV |
Thomas was light. 1t is understood some
bills will be returned from the jury this
morning.
In the matter of the selection of a re-
ceiver of the Argus Printing company |
which had been held IN allegiance by the ,
court, an order was entered, by consent of
the defendant, that Hon. Z. S. Tyler be
appointed pendcnte lite. His bond was
make an inventory of the property and
return the same to the court at chambers
in Fargo next Tuesday. Mr.. Tyler is
authorized to issue receivers receipts and
manage the affairs of the corporation until
such time AS the matter is finally disposed
OF.
From Saturdays Daily.
The United States district court opened
at 10 o'clock Friday morning. At 1890
the grand jury came in and returned in
dictments against three persons as fol-
lows:
VIM. A. Newberry, for robbing the U. S.
mail June8 8, 1890, in Morton county, near
New Salem. The crime for which he was
indicted was one Of the most daring train
robDeries ever attempted, occurring one
and a half miles west of New Salem, where
the east bound Atlantic mail was held up
and robbed. The prisoner was arraigned
and the clerk read the Indictment. Mr.. w.
p. Miller of Minneapolis Appeared for the
defendant and Judge Thomas informed
the prisoner that he would give him until
Monday, April 18th, to plead, but the dc
PENDANT chose to make his plea at once and
plead not guilty. His attorney then read
an affidavit from the d%rfendantin which he
stated that he was not ready for trial. He
said at the time of his arrest he was in Vir-
ginia. He was brought to Fargo. At the
time of his hearing, which occurred soon
after being brought to Fargo, ne knew no
one and had no attorney to defend him. lie
was placed in Jail indefault of $4,000 bonds,
where he has remained since. At the time
of his arrest, what money and other prop
erty he had was taken from him and kept
in the custody Of the United States officers
until a short time since. He also stated
there were several witnesses in Texas and
Idaho he wished to testify at his trial. One
by the name of Huffman, who resided in
Idaho, was willing and would
at his trial testify that on the eighth of
June, the time the crime was committed,
the defendant was in Idano. The other
witnesses he wished had known him from
bOHhOOd and their testimony would be as
to his character. He said the reason why
these witnesses were not present, was be-
cause he had no money with which to pay
their cXperSeS,aS there had not been suffici-
enL time since the release of his proprrty
to get them here for this term of court,
Judge Thomas asked United States At
torncy, MIR. Shelby If he wished to move
the case now. Mr.. Shelby said he did: he
wished to dispose OF the case at this term
Of court, but he would not insist. Judge
Thomas said the case was a very import
amt one and If the prisoner should he
found guilty it meant a life sentence. He
would therefore transfer the case to the
southeast division, and the case would be
tried at the Fargo term in May. Mr.. Mil
Ter asked that his clients bail be fixed in
some lower amount, but the judge refused
to consider the motion.
VIM. John Kelly was next arraigned,
charged with taking from the United
States mail a letter containing a sum of
money. Mr.. l~lanitch appeared as his at.
torney and asked that the case should not
be moved at present. The clerk read the
Indictment which the grand jury had just
returned. He asked the prisoner if his
true name was VIM. A. Kelly?
A. No sir.
q. What is your true nameo
A. VIM. John Kelly.
me Judge granted the attorney until next
day at ]O O'Clock a. III. when he said the
case would be taken up and disposed OF.
James i. Honeyman, OF Sherbrooke,
Steele county. was next arraigneu, and the
clerk read nine indictments which the
grand jury had returned against him for
using cancelled stamps and trying to de-
fraud the United States by sending them
through the mail. Mr.. Newton appeared
for the defense and asked for time to pre-
pare the case for trial. The Judge granted
him until the next day at 1890 when the
caseWould be taken upand disposed of as
so N after as the Kelly case had been tried.
Stephen kiley, NJ. Boch aud Herbert AT.
tendort were arraigned and asked to show
cause why they had not appeared before
the court in accordance with subppnas is
sued March 20th. They gave as their cause,
no money to pay their fare with. They
to appear, before the grand jury at 2
O'Clock and present themselves to the court
at 10 am. next day. In the meantime he
would consider their excuse.
[From Sundays Daily.J
When court opened Saturday morning
Mr.. Newton, attorney for James B. Honey
man, charged with defrauding the United
States mail, plead guilty to the 7th, 9th and
9th counts OF the indictments brought by
the grand jury. The judge fixed the fine
at $3.50 which the defendant paid and the
defendant was discharged. In the con.
tempt proceedings against Herbert Men
dorf, NJ. BocE- and Kiley of Grafton for
not appearing in accordance to subpoen-
aes the proceedings were dismissed.
All the Fulton cases, which pertain
to the Casselton postofice, were con-
tinued.
At the afternoon session the case of
United States against VIM. Kelly was
taken up. The defendant was arraigned
and the clerk administered the oath to the
jury. Mr.. Selby, United States attorney
addressed the jury, defining their duty in
case about to be tried. Mr.. Hanitch ap-
peared for the defendant and questioned
the jury and satisfied himself that all the
jurymen then sitting were competent to
try the case.
Geo. w. Alexander was first sworn and
testified as follows: II an a delivery clerk
in the U. s.. mail service at Grand Forks.
On the 22nd day of December, 1890, | de-
livered a registered letter to one VIM, Kel-