Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-05-20
DISTRICT COURT.
Sensational Disappearance of Wood
HE Skips Out Eastward
Bound.
Or. Fraser. Testifies Wood was Sick
Abed and Unable to Attend in
Court.
Attorney Barnes Withdraws in Dis
{ gust-Bondsmen Now Walk the
FlOOr-Other Cases.

gust-Bondsmen Now Walk the
Floor-Other Cases.
The May term of the district court be-
gan Tuesday, morning, Judge Winches-
ter presiding.
On the first call of the calendar, the
following cases were dismissed: Richard
B. Mellon vs.. Burleigh county; Missouri
Valley Land Mortgage company vs..
Burleigh county; State Of North Dakota
VS.. Quinlan & Halioran; same vs.. s. e.
Swensen; same vs.. Kuntz & Fisher; same
VS.. Tatley & Peterson; same vs.. Joseph
Fox; same vs: H. G.. Kline; same VS..
F. Kim; same vs.. E. H. Bly,; .. A.
Starkey vs.. j. A. Field; State VS.. San
ders & Williams; State VS.. Bottomley.
The follwing cases were put over the
term at the request of the attorneys, and
by consent of the parties interested: N.
P. R. r. Co. W. John S. Waldron; F.
B. Allen VS.. R. s. and M. A. Feagles;
Thos. F. Hawley We. J. F. Reardon; D..
Dow, Jr. ct al VS.. D. Russell ct al; Man
dan Roller Mill Co. VS.. 1. P. Baker;
Benton Transportation Go. VS.. Russell
Miller Milling Co.; Field, Thayer & Co.
VS.. John A.. Mclean ct al; H. e.
Falconer VS.. First National Bank of st.
Paul; Frank J. Call vs.. Chas. Dun
comber; County of Burleigh vs.. A. Healy;
Caroline Fargo vs.. R. R. Marsh, county
auditor; Maria Riley vs. P. r. Smith; G.
M: Perry We. Webster & Jamison; State
of North Dakota vs.. Thos. Bottomley;
Lena Peterson vs.. Jas. Kervin; Jas. W.
Raymond ct al vs.. J. H. Marshall ct al;
Woodworth ct al VS.. Slattery ct al;
Kendrick VS.. Hayes.
The following cases had been referred
to referees at previous terms, and on re-
quest of the attorneys, the time for ref
erees to report was extended: j. A. Nc
Lean We. E. j. Claussen; Nugent Il Brown
VS.. J. E. Britton; G. S. Satterlund VS.. O.
H. Beal; Capital National Bank of Bis
marck VS.. D. and Ruth Williams; f.
Merry ct al. VS.. w. and M. E. Pye; j.
N. Lewis vs.. Geo. E. Lewis.
In the case of Hubbard, Spencer &
Bartlett VS.. Capital National Bank of
Bismarck, tried at the last term, the
parties were given twenty days in which
to submit the case to the court.
In the case of Thos. D. Stack vs.. Mary
A. Mclean, there was no appearance for
the Defense The case was proved, and
judgment rendered for the plaintiff for
$500.
IT. WOOD SKIPS OUT.
States Attorney Register moved the
case of the State VS.. Wood. This is the
case continued from last term in which
the defendant is charged with smashing
a ballot box at Menoken at the last cleo
tion.
MI. Barnes said on behalf of the de-
tense that he would move for a continu-
,ance because of the sickness Of the de-
fendant.
MI. Register said it was a very strange
thing that sickness should occur in this
case just at the time court meets. This
was the case at the last term, when 1t
was put over because of the sickness of a
witness for the defense. Unless a good
showing is made it ought to be tried.
Mr.. Barnes: I don't ask the states
attorney to take my word, for I don't
know except what DR.. Fraser has told
me. He will state it under oath or in
any other way. I may say that the
trouble with MI. Wood is heart trouble.
In the afternoon DIR. Fraser was sworn
and stated that on the previous day he
called on MI. Wood, AND found him in
bed suffering from organic heart tronble.
He was not in condition to sit up. It is
hard to say when Wood would be able
to attend court. It might be a week or
two weeks. It would depend in a great
measure on the way the patient man.
ages himself. Wood could not have
left his bed on the previous day, without
being carried out. Mental excitement
would tend to aggravate the trouble.
DR.. Fraser could not say whether or not
Wood would be able to attend court in
week.
After DR.. Fraser's report, Mr.. Barnes
asked that the case be continued over
the term on the showing made by DR..
Fraser.
Mr.. Register said he was in possession
of facts which developed a strange state
of things. just after adjournment of
court in the morning, he t%elegraphed to
the station agent at Menoken and re-
ceived in reply thereto the following: Il
have not seen Elvis Wood to-day. Don't
think he is in town. Heard he went to
st. Paul last night" On this state Of
facts, he asked for a bench warrant for
Wood.
Mr.. Barnes opposed the, bench warrant
idea.