Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-02-12
The Healy Case Again Came up
in the District Court Yes
terday.
States Attorney Register Gives His
Reasons Why Healy Should
be Sentenced.
He Also Submits a Flood of Aflda-
Wits Contra to the Healy
Afidavits.
The Healy Case.

IEe y-
In the district court Saturday after
noon, States Attorney Register gave a
few reasons why a new trial should not
be had in the Healy case, and why there
should be no arrest of Judgment in the
case. He had a dray load of books to
support his position, which position was
outlined by an elaborate brief, which he
had prepared. Mr.. Register at the out
set moved to strike out of the record the
afidavits of the jurors that had been
handed up by the defense; and also the
afidavits Of Falkenstein, Griffin and
Others because these afidavits we're not
specific enough. He also entered his
protest against the consideration of any
objections that we're founded upon mutt
lations and interlineations of the records
which had been made by the counsel for
the defense.
81 s MI. Register then quoted a Wisconsin
case, which maintained that 1t is not
necessary in an Indictment or informa-
ton, to use the exact words, as the cap
ton, Tin and by the authority of the
state of North Dakota" The wording
of the Wisconsin constitution on this
point was identical with that of this
state, and a similar rule would follow in
this case. He cited a number of autho.
rites in support of his position that
the verifcation of the information was
sufficient.
Afidavits we're read from Messrs.
Marsh, Donnelly, Lenehan and Glitsch-
ka, denying the statements which had
been made as to misconduct on the part
of jurors. Juror Taylor also contributed
a forcible affidavit denying misconduct
on the part of the jury. Juror Bruns-
man swore that Mr.. Linehan made no
communication to him whatever.
The alleged prejudice of Juror Henry
Grambs was then considered, and an
affidavit from Mr.. Grambs was read. It
denied the truthfulness of the lfidavits
made by Mckinney, Griffin and Nc
Lean.
Afidavits from Irving De Graft: J.. H.
Marshall. Asa Fisher, E. s. Beardsley,
RJohn Yegen and G. B. Little were read
as to the truth, veracitya and integrity of
Henry Grambs, giving Grambs a good
send off.
I w. G. Wainwright and Sarah Ann
Wainwright, denied specifically the
Falkenstein affidavit, which the defense
had introduced.
Chas. Kupitz, Joseph Hare, Harvey
Harris, W. S. Moorhouse, L. Westminster
swore to the integrity, truth and veracity
of Mr.. Wainwright.
"A Mr. Wainwright also denied truthful
ness of the Cressy affidavit.
The entire ground of the objections
was gone ever by Mr.. Register, and Mr..
9Crum replied. He commended
Mr.. Registers zeal in his preparation of
his case, and proceeded to try to pull
down the fabric that MI. Register had
built. He claimed that the weight of
the aHdavits was with the defense, and
that the afidavits regarding Grambs
and, Wainwright and their prejudice,
adduced by the defense, were the most
trustworth. Other matters were gone
sover by Mr.. Crum, and after listening to
ENthe arguments for five hours the judge
promised the parties a speedy decision.
gust before adjournment r. r. buttons
affidavit was submitted. He said that on
lelection day Wainwright said to him
shat Healy ought to be sinched and put
a@the lug" but this affidavit was SUBJ
sJHequently withdrawn.