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

objection: The defendant, Robert Roberts,
now makes and enters his objection to the
Offering of any testimony or evidence I'M
der or upon the information in this case,
on the ground that the facts stated in the
information do not constitute a public
otfense and that under the laws of the state
of North Dakota, there is no such criminal
otfense rs that set out and stated in the
information.
!. Judge Francis stated that he did not
wish to make any argument upon the OBJ
lection. Mr.. Register made a few remarks
in support Of the Snfficiency of his lnfOrma-
ton, and Judge Winchester nverruled the
defendants objection. An exception was
allowed the defendant and the Case pro-
ceeded.
Joseph Robidou testified substantially as
follows: On the day ct the shooting he
went into Shibley's saloon with Charles
White. Robert Roberts was there. and
several other parties. White asked Owen
Farley for some money and remarked to
Roberts that though he had put him out Of
Of there. Shortly after that, White made
an effort to strike Roberts. Roberts drew
y revolver and fired at Whites head.
White fell and shortly after, the witness
left the saloon. Roberts was three or four
feet from White when the shooting was
done. White was intoxicated. The wit
ness, White, SHIRLEY and another man
there. White called for ginger ale. Wit
ness drank from the anne bUttle as White.
What he drank tasted like whiskey, al
though ginger ale was called for. He did
not know whether White was in such a
| condition as to be likely to injure anybody
Court adjourned for the noun recess be-
ore the completion OF Mr.. Robidou's direct
Examination.
AFTERNOON SESSION.
After the nOun recess, Mr.. RObidOu's
examination was continued. He testified
that he had hold of Whites left hand or
arm just before the shooting.
In cross examination the witness stated
that White was always quarrelsome when
intoxicated, and he was drunk at this
time.
John NJ. Garrett was the next witness.
He stated that he was in the saloon of Mr.
Shihley at the the time of the shooting,
White was talking with Mr.. John Ander.
son when Roberts went up to him and
told him to shut up and not cause any dis
turbance. White then turned around to
Roberts and said: "You -, shut up, This
is not your place and 0 have nothing to
saw" Roberts made no Immediate reply
to that. but looked at him forG about half
a minute, and then put his hand to his
pocket and drew his pistol. In the mean:
time Shibly sprang between the two, and
said "BOb, don't do that" but he was no
fired.
In cross examination the witness said he
did not see White when the shot was fired
did rot see him fall; did not see him get up
or anyone pick him up: Two minute:
after the shooting he saw White sitting il
a chair holding his head.
Willard SHIRLEY was the next witness.
He testified to the shooting, which he die
not see done. He stated that White tOl(
Roberts he would do him up.
Mr.. Shibley's examination had not con-
cluded when court adjourned.
MICHAEL T. EXPLAINS.
Before the Roberts case was proceeded
with in the morning, Michael r. O'Conno
asked leave to make an explanation. LII
said that he intended no disrespect to thu
court on Wednesday by his action. 1t hap
pened accidentally, and he felt very CRATE
full to the court that the judge took tn
prompt action he did in having him (M1
O'Connor) removed from the court room
When he left the court room on Thursday
morning his abruptness was caused by tn
shame that crept over him. He did no
then have any desire to insult the cour
though he should not have left in the wa,
he did. He desired now to thank the cour
for its prompt action in having him re
moved. All attorney AT law is the highes
officer OF the court under the judge, and b
should have more respect tor himself ant
l tina n<,,"f md ks, NV eliza, r.
do as he had done. He desired to ask Il
t be pardoned for what he had lone and HI
would not repeat the otfeuse. He also de
} sired to thank the court for not diSbarring
him, as it would have been justified il
: doing.
Judge Winchester said he was glad tn
counsellor took the view OF it that he die
and he hoped Mr.. O'Connor would be abb
} to carry out his resolutions.
III LINEHAN CASE.
The case of the state Of North Dakot;
VS.. Dennis Linehan will be called at tn
, end of the present term and probably the
Messrs To Flavin and Con Peoples will
be called upon to put up $500 in lieu of til
personality of Mr.. Linehan. Mr.. Linehal
is the individual charged with stealing
$3.50 overcoat belonging to a guest of thu
Sheridan house last winter. MIR. O'COnnO
is his attorney and stated to the court tina
the defendant is out OF the county looking
!, for the owner of the coat.
[From Sundays Daily.1
Saturday morning when court assem-
bled, Judge Winchester said that he de
sired to call Judge Francis attention L
and read an extract from the court record
: of the previous day, as furnished to hin
by the stenographer. The Judge than rea'
:, as follows:
, Mr.. Register to witness: Was it when the
were so talking that Roberts went up to Whit
first.
Judge Francis: May it please the court. nc
body said he went up to White first.
, Judge Winchester: Have you any objection
If so make it.
Judge Francis: l started to remark --.
t Judge Winchester: l don't care to hear 70
= unless you have some objection to make h
form.
Judge Francis: You care to hear me as muc
as l care to talk to you.
Judge Winchester, after reading the ex
tracts, asked Judge Francis it he had all.
apology to maze?