Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-25
After Being Out Ninety Hours the
Jury in the Healy Case
Come in
And Render a Verdict Of Guilty,
Recommending Clemency in
the Sentence,
Us. J. Swenson Found Guilty of Vio-
lating the Prohibitory Law
Clemency Urged.
District Court.

EySNFT. iIASr" "O0AooAdS o oI1ys
In the#aistrict court yesterday after
noon tbsSS trial of S. J. Swenson for vic.
,lating aSghe %prohibitory law was begun,
Mr.. RgRgister appearing for the prosecu-
tion and MI. Campbell for the defense.
In addition to the regular panel, twenty
seven talesmen we're called. The morn
ing and three-quarters of an hour of the
afternoon we're taken up in securing a
Jury, which consisted of the follow
ing:
John McLain, John S. Wells, Jas.
Holland, Chas. F. Beardsley, J. w. Hoff-
man, Steve Houston, L. Hatch, M. H.
Weekes, John Knight, Joseph Woods,
a. Whitaker and E. G. Barnes.
Aaron M. Mason was the first witness.
swore that on the 25th of August,
1891, he went to the building occupied
by MI. Swenson on Fourth street and
purchased for Is cents about fve-eighths
of a pint of whiskey. He bought it of
the acknowledgements saw Mr.. Swenson
in the place in his life. He knew it was
whiskey because he tasted it. He saw
two or three men standing in front of
the bar drinking a liquid which looked
like whiskey.
Mr.. Skeeles stated that lot %, block
40, original plat of Bismarck, wal owned
by r. J. Chase of Sioux City. The wit
ness rented it to the defendant, who paid
the rent.
Judge A. D. Gray testified that he
stood on the sidewalk when Mr.. Mason
went into MI. Swenson's place and
bought the whiskey. He Gray tasted
the whiskey and found it a very poor
quality. He believed it was made OF
highwines and drugs. Witness had
bought, sold and drank whiskey nearly
all his life. He remembered being very
drunk once, when a boy. He could not
tell for sure what this whiskey was made
of, or perhaps he would not have beer
willing even to taste of it. Witness was
sure it was whiskey and not Jamaica
ginger. He was on the sidewalk whe1
Mason went into the saloon for the pur
pose Of aiding in securing Information
against a mar whom he believed was vi
olating the prohibition law.
Sheriff Donnelly produced in court ;
jug of whiskey and a bottle Of the sam,
article, with sundry bottles Of beer
which he had secured upon the Sven
son premises when he made the search
He testified that he had tasted of them
and they contained Intoxicating liquors
In cross-eXamination Mr.. Donnelly sait
that the bottles had been in a cell in tn
Jail since he had had them in his posses
{ sion. Mr.. Mason had slept in the eel
for a few nights. Mr.. Campbell movee
that all the testimony relative to tn
liquor seized, be stricken out On tn
ground that the witness Mason, a per
sonal enemy of the defendant, had hat
access to these bottles. The motion wa
denied.
Messrs. A. D. Gray and Clarenc
s l. 1 WOAO C1OA Cul1C u0 CADCLto "u'
sampled the contents Of the bottle an
of the Jug, and they we're pronounced t
be whiskey. The state then rested.
The jury in the Healy case came i.
and Foreman Taylor said he did not be
lieve there was any chance of the jur
coming to IN agreement. After a con
sultation between the court and the at
torneys in the case, the jury were sen
back to their room, with instructions t
make another effort to arrive at a vel
dict.
Shortly after 6 o'clock the jury cam
into the court room again, and handle
the court a paper bearing several line
of manuscript, stating that they ha
agreed upon what was contained there
on, and if it was not acceptable, tn
jury desired to have it returned. Afte