Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-25
! Again on the Stand When
the Court Adjourned.
/ Yesterday.
HSting Summary Of the Snow
Sail During November in
the STATE.
District Court.
[From Fridays Daily, 18TH

is not a voter.
August Peterson had read and heard
Z some little about the case. He did not
SRndarstand the language very we'll, but
The was taken as the eleventh juror.
Michael Wolf was excused because of
ythe sickness of his child.
30. u. Bell was excused on challenge of
4 th~e6defendant. He was not a prohibit
\ Zionist, but he would not believe under
oath a man who had been engaged in the
sale of liquor in a prohibition state.
r. Barnes was allowed to go, as he
kshad expressed an opinion on the guilt
or-innocence of Mr.. Healy since he was
summoned.
Harvey Smith was allowed to go for
Rctual bias.
Ne. L. Whitford vas excused because
sne had heard a part Of Mason's testi-
.Imony. = -.
VIM. Webb, Jr., and G. H. Dyke we're
excused for the same reason.
By consent of both sides made in open
court, Mr.. Eppinger was excused from
the jury on account of sickness. That
left two more jurymen to be secured and
a special venire of eight was called for,
to be in court at 2:30 p. m.
5 It was nearly 4 o'clock when the sher-
iff was ready to make his return.
MIN John Clark was selected as satisfacto-
ny to both parties.
John MCGOWAN was satisfactory to
both sides and was duly sworn.
Yctnpleted the jury, and the case
p.-sssded.
Mr.. Register reed tLc information to
the jury, and in opening the case, made a
~*ate nent of what the state expected to
Sove by the evidence they would intro
fee.
.ISh. Avery was the first witness. He
testified as to the boundary lines of the
different commissions districts of the
counSy. An election was held last No.
ysfhber and certificate Of election issued
sssto Andrrsoa He0ly.
No cross-examination.
The papers on file in the clerks office
in the case of the state VS.. Sven J. Sven
Q were offered in evidence, and read
to the jury.
ES Aaron M. Mason was next called, and
examined by Mr.. Cochrane. His direct
sMatestimony was short. He stated that
two or three days before election Mr..
ssHaaly. asked him not to appear against
Mr.. Swenson, and said that if Mr.. Mason
would 10 that MI. Swenson would vote
for him. The testimsny of the witness
was the same, as far as it went, as that
given before the justice by him.
Ss Mr.. Boucher had proceeded a little
way with the cross-examination when
SScourt adjourned till 10 o'clock this morn
" ling.
d Iron Saturdays Daily
In the district court yesterday morn
ing the Healy case was resumed. MI.
Boucher continued the cross examina-
#Sation of Mr.. Mason. The first part of the
examination was devoted to finding
s9lt who first went into Healy's office;
Nv long Healy was away from the office
before Swensen came in. Mr.. Boucher
then elicited the fact that On the Doth of
August the witness had a conversation
I with I. P. Davis and Barney Flynn rela-
tive to his (Mason's) appearing in the
Swens IN case as a witness, and sought
ito, &c into this conversation. But he
was not allowed to, on the ground that
II was two months prior to the date on
aRHhiichhSth alleged offense was committed.
MsMrsssBoucher also wanted to go into the
Of the O'Shaughnessy note, but
prosecution objected, on the ground
hat the transactions regarding that were
had 9 month after the date of the alleged
sSoffense. = A-.
2 H a plat of the store and office of Mr..
SHealy was put in and explained by Mr.
Mason.
S#SsSAin redirect examination the witness
SS#saYs44 w he had not had any converse
tioH1aA saenisen since two or three
Rs M s5 Ego. He :had heard his voice in
5ain, butshad not heard anything he
8Ss6enxd. The witness had not talked on
Ssubject SO that Swensen could hear
said. No one chad talked with him
#&ESS tell him what, Swensen had said about
&Qs2AhetGase,
*E SNgsnlMllrs s SSwenson was then called, but Mr..
Sass saslpRell of Mandan, who appeared
sgpolst To-: Mr.. Swenson, said that his
tent ta ssssessqired to consult with him before
Y3eang Sort; and beside Mr.. Swenson
@asSseeling il, and would be unable to
Sepsars N co1)rt before the noon adjourn
IA AyeFyf sasasthsR recalled and