Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-05-29

or that you are committed for contempt.
/ hope you will understand the spirit in
l have allowed you to make remarks at
certain times somewhat similar to the one
that placed you in contempt yesterday and
allowed them to pass, for reasons l have
already stated. The words which l con-
slider have placed you in contempt OF this
court are as follows: "You care to hear me
as much rs l care to talk to yOu." Before
passing judgment and sentence l will al
low you Il short time to he heard.
Judge Francis: IT your honor please, |
stated a moment ago that 1 had no apology |
to make. because 1 did not think it neces-
sary. l desire to place myself in a proper
position. l am a lawyer and have Occu-
pied a seat on the bench and know what it
is to sit where your honor sits. My rela-
tons with your honor nave been such,
speaking of your honor as an individual,
that | could not by any possibility have
reflected on the individual. l intended no
reflection on the court, because | have too
court. | desired to make a remark which
l thought was right. l thought it was
right. | thought [ had a right respectfully
to present my point to the court. Your
honor seemed to think that l should not
speak any more. | did add-and should
have the benefit of that did add, IF your
honor does not desire to hear me" If your
honor thinks that, with that remark added,
an apology was due to the court, l am lawyer
enough to make it, even if may think l
am in the right.
Judge Winchester: Do you think that
your statement was right?
Judge Francis: | think it was. But |
desire to say that | would not want to be
placed in the light OF saying something
that was contempt Of court. l have a high
| opinion OF these things. [ am not afraid of
a fine or Imprisonment. That is not what
l an afraid of. am a lawyer of some
years standing, owing my profession and
having a respect for courts. l have a re-
spect for this court as well as for every
other court. | would not practice before a
court for which | did not have respect. Ii
your honor thinks the remark l made wa
at all in contempt OF court, l am ready to
apologize for it us a lawyer, and without
any malice or feeling Or prejudice against
the person sitting as judge. l am engaged
in the defense of a man charged Of a high
crime. | don't want a fine imposed so as
to work an injustice to him..
Judge Winchester: l still think that
you are in contempt Of court for the re-
marks made. l don't think thai any law
yer, and especially a man who has filled
the position of judge as ably as you have,
should make any such remark in court. l
may be wrong, but unless you feel as
though you could say that you are sorry
you made the statement you did
CuuHV IIdllClS. 1NO> ! VII llOU llutJlIlttLC
myself by doing that.
Judge Winchester: The judgment of
the court is that you are in contempt OF
! this court, and | will suspend sentence
and leave you OH your own recognizance
until the termination OF this trial.
The trial of Robert Roberts then pro-
ceeded.
MI. Shibley's examination was resumed.
His testimony developed no new facts.
DIR. kendrick was the next witness. He
testified that he was called to attend Mr..
White shortly after the shooting. The
bullet, or whatever it was that caused the
wound, entered the left ear and glanced
who fired the shot could have been facing
the face of White. The pistol was held
higher than the place where the
bullet entered.
DR.. Harcourt also testified. On cross az
animation he said it would have been pos.
dodged in such a way that a revolver in
the hands OF Roberts would have fired in
the direction that the bullet in this case
seems TO have gone.
Patrick McIlugh testified to having ar.
rested Roberts near Shibldy's saloon. He
had a revolver in his hand and said he had
shot that man, pointing to White.
On crOss-examination, Judge Francis
sought to bring out sOme words that Rob
ertS uttered on the way to the court house
with the witness. Mr.. Register objected
to the testimony, and the attorneys argued
the matter and read syllabi, opinions, etc.
The court then adjourned for the noon
recess.
Judge Francis addressed the jury. He
commented upon the extraordinary fact
that the prosecution had not placed upon
the witness stand Charles White, the mar
who was shot. Judge Francis then stated
that the defense rested its case, without
| ~ fr.s NV Ittr trk Tlo khNx .--
time came. he should address the jury or
behalf OF his client.
Mr.. Register then made a few remarks
on the evidence.
Judge Francis then followed. He
claimed that the shot was fired in self de-
Tense by Roberts. The states attorney
might nave charged the defendant witt
shooting with intent to commit grievous
bodily harm, but he was not content with
that. He charged the defendant with shoot
ing with intent to kill, and the state muS1
stand by its charge. Judge Francis talked
for nearly an hour, and wound up with
strong appeal for his client.
Mr.. Register followed with a summing
up for the state. He claimed that the sole
function of the law was not to shield the
innocent but it had the additional function
Of furnishing the guilty. He said that he
had no personal feeling against Mr.. Rob
erts, but had simply done what he be-
lieNcu was HIS SWOEu uuly dS S'dLeS dLCOT-
ney.
Judge Winchester then charged the jury
and the jury retired.
From Tuesday Daily
At Bismarck Monday forenoon Thomas
Cox was brought into the district court tc
be sentenced for having committed the
crime of grand larceny, of which otfepse
he bad been found guilty last week.
Mr.. Stoyell, on behalf OF the defendant,
and at his request, addressed the court. Dur.
ing the entire trial the conduct of the court
toward the accused was so uniformly fair
and m~agnanimous no exception was taken
to any ruling OF the court, and none could
have been taken, and the charge was en-.
tirely satisfactory to the defendant and
his counsel. He could not c~onscientiously
say the conduct of the jury was not just
what it should have been under the cir.
cumstances. He desired to state that Mr..
Cox has lived here for some time, and is
we'll known TO be generally a hard work.
| inp and inluStrinnS man Ho hos a wife