Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-06-03

Ihelr needs ana methods. The estab- /!
lishment OF the reading circle for the
teachers of the state provides for the
more general improvement OF the teach.
ers, and through them of the communi-
ties, in general culture. A course of
study is arranged for all schools and all
grades of public education in the state:
the course serving as a manual of meth
DDS for the use of teachers and harmon
izing and bringing together the whole
state system of schools.
Normal schools have recently been es- !
tablished for the purpose of training
and professionalizing the teachers for
their work. These schools must be re.
cognized as the virtual head ofthe teach
ing profession in the state.
The state lectureship department of
the institute work for the purpose of es-
tablishing patriotism and an improved
citizenship for the state as an essential
feature of the educational system of the
state was explained, and continuance in
UulS lllo VI WOIh WAS uIReu.
Arbor culture on school grounds and
the sanitation of school houses we're
presented as features of the educational
work that have recently received atten-
ton by the state department. Attention
was called to the evil effects of improper
ventilation of school houses and special
application was made in reference to the
Bismarck public schools.
A specific appropriation for an educa-
tional exhibit at the Worlds Columbian
exposition was urged as absolutely es-
| sential to represent the educational ia
%cilities of this state and to show to the
visitors at Chicago in'93 that our new
| state is a commonwealth of homes and
schools.
The public school celebration of COL
umbus day, October -, 1892, through
out the American continent was dwelt
upon at some length. A message from
the executive committee of the Column
bus day commission, as it appeared re-
Gently in these columns, wal read and
commented upon.
Altogether, the address was instructive
and entertaining and explanatory of
many of the features of our educational
work.
State Senator Worst will lecture in
the same place on Thursday evening On
the subject of Patriotism.
Supreme Court Decisions.
At the recent term of the supreme
court, held in this city, there were three
criminal appeals argued and submitted
to the consideration of the court. De-
cisions have been rendered in all of
them and error was found to appear on
the record in each case. NJ. A. Hildreth,
of Fargo, appeared for all of the defend
ants and may be congratulated on prov
ing so successful.
In the case of the state vs.. Edward
Fallen, up from Cass county, Fallen was
convicted of making an assault with a
dangerous weapon and is now in the
state ~penitentiary. A new trial must be
had. The opinion of the court is by
Judge Bartholomew and the following
syllabus is filed:
Where an information charges the de.
PENDANT with the crime of All assault with
a dangerous weapon, to-wit: a piS-
TO-, with intent to commit a felony and de-
s:ribes the assault as committed by then
and there shooting a loaded pistol at and
against the party assaulted with intent to
rob him. and the evidence shows tina the
assault was committed by thruSting the
pistol in the face Of the party assaulted
and demanding his money, and that the
pistol was not discharged until after the
aSsailant had started to make his escape,
there is a fatal variance between the alle-
cations and the proof.
In such a case the jury may not, in the
absence of any evidence to support it. in.
dulge the presumption that at the instant
the pistol was fired the defendant con.
ceived the intent to return and persist in
the attempt to commit robbery:
When a prisoner is on trial charged with
a specific Offense, it is not error to admit
proof of a collateral offense committed by
the prisoner. when such collateral OtfenSe
is connected with the specific Offense in
such manner that proof of the commission
of the collateral Otfense has a legal and
logical tendency to establish some fact
aSNCoo0ky w w AA RAoVl
the specific offense.
The second case also came up from
Cass county and was entitled State vs.,
James Smith, being an action against
the defendant charging him with bur.
glary. He was convicted and also SO.
cures a new trial on the grounds set
forth in the following syllabus. The
opinion Of the court was written by
Chief Justice Corliss:
An information charging both burglary
and grand larceny at the same time in the
pursuit OF a single criminal enterprise
charges two OtfenSes and it therefore can
not be sustained when attacked by de-
murrer, for the reason that section 7244.
Compiled Laws, declares that only one
offense must be charged in an Indictment.
The third case came up from Richland
county and the defendant was convicted
of the crime of embezzlement. The ac-
ton of the lower court is sustained in
every particular except one, and on this
point a new trial has been ordered. The
opinion is by Judge Wallin and the fol-
lowing syllabus is filed:
In this state, when during the trial of a
criminal case II before the ease has been
finally submitted to the jury, a juror be-
| comes sick and unable to sit further i'm the