Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1893-10-13
IN DISTRICT COURT.

Inc Chlcf interest at the recent term OF
court centered in the case of the State of
North Dakota vs.. Henry Van Beck in-
dicted under section 6256 of the Compiled
Laws (18s7), which reads as follows
Section G256. Illegal Influence Every
person offering, giving. or loaning TO an
other any money or other thing of value
10 induce him to influence any elector TO
vote in particuler way, or for any per.
son at any such election, shall be punished
by fine not exceeding five hundred 5000
dollars, or be imprisoned in the county
Jail not exceeding one year, or by both
such fine and Imprisonment.
supplementary to the above law, sec
ton 628S of the Compiled Laws 1SSD
provides :.,srsrss
Section 6288. Disfranchiscment.] Any
person guilty of either of the offenses
mentioned III section 6255 and section
6256 shll thereafter be forever disfran-
chised and rendered ineligible to any Of
fee of trust or profit within the Territory,
including that Of delegate to Congress
Section $685. of the Penal Code provides
that costs shall be paid by defendant in
case of conviction and reads as follows:
Section $685. In all cases of conviction
the costs of the prosecution shall be taxed
against the defendant and enforced as
other judgments IN criminal causes.
Section "a of the enabling act providing
for the admission of the Territories of
Dakota, Montana and Washington enacts
that
All laws in force, made by said terrific.
~ ,fth thot IS $1r,u Dl,,,to ooso 1tD
the union, shall be IN force in said states,
except as modified or changed by this act,
| or by the constitution of the states, re-
spectively.
From The day last May when the grand
jury came into court and presented true
bill against Henry Van Beck, almost super
human efforts had been made to prevent
The case from going to trial and thereby
making the evidence public. Intcres'ed
parties from this county had brought to
bear IN Bismarck every influence they
thought might assist IN eXtricating their
| friend from the clutches of the law; but
| those efforts were destined to come to
naught.
Judge Winchester opened court prompt.
ly at2 o'clock last Monday. After tho
swearing In of bailiffs, the names of th'
jury panel were called, and three or -four
| were excused. The indictment against
Mr.. Van Beck was read. Attorneys Reg.
lister and Lynn appeared for the STATE,
and Attorneys Armstrong and Philbrick
| for the defense Defendant pleaded "nol
guilty. Tuesday morning the securing
of a jury began, aud the case went t.
trial before the following citiz.ns : r. j
Dean, Joseph Allen, Ira Mandigo. Martin
Malhison, S. E. Coover, Jerry Cole, s. D
Cummins, James Burbage, Martin Ap'
pert, Albert House, J. B. Cornell, Arthur
McGinnis.
Previous to this, all the technica
methods for breaking an indictment hat
been pursued by the attorneys for the de
fcnse, those gentlemen even gong so fal
as to procure af1davits from Grand Jury
men Arend Hasper and H. H. Thurtle tt
the effect that John Leonard and William
Robinson. while on the grand jury, wer.
under the influence of liquor. But this
supreme effort to prevent the testimony
getting before the public failed and the
grind of the judicial milstones went on
John Miller was called and testified a.
to the visit of Messrs. Van Beck, Cotton
Brindle. Lock and The Interpreter
to his place on the Saturday preceding
the election, and as to $3.50 being palt
for rs votes for Armstrong. BrludIe anc
Lock. If one of the three failed of elec
ton, $50 to be paid back; and $50 to bt
returned for each of the otht rs who failc'
to get the necessary vote. The testimony
If Teresa Miller and her father, Loren;
Keller, was entirely corroboratve of tha
Of John Miller, and was practically III,
same as the reports on which the Recor'
articles of last fall were founded, an(
llenlicully the same as told by them L
Joseph Kalberer. the first English
speaking man who went to Miller's hous,
after the money was paid. Franz Wolf
treasurer and custodian of the church
testified as to the money being paid Il
him by Miller, and as to the subsequcn
visit of Van Beck after the election, wher
the money was repaid to the latter. Tho
Record has not the facilities for putting
in type, as We should like TO do, the testi
mony of the witnesses on both sides, thu
able pleas of Attorneys Register aut
Pbilbrick, and the fair and lmpartla
charge Of the judge. as it is possible for 1
country newspaper to give only an out
line of case in which there is such
volume of evidence given as there was il
this.
A meeting of counsel for defense, thu
defendant and two or three other parties
had been held Monday night at resi-
dence some five or Elk miles southeast o.
Wililamsport, and plan Of campaign
agreed upon. The first material witnes
was the defendant. His testimony wen
to show that the meeting of various can
didatesat Westfield Was purely accidental
that the story as to the rs votes was un
true, and that the money was given TO
the sole and only purpose Of assisting tn
church. The testimony of Messrs. Lock
Cotton snd Blndle, respectively, fol
lowed, and, with occasional variations
the trend thereof was along the SAM
lines as that Of Mr.. Van Beck. 1t wa
brought out through cross.cxaminatol
of witnesses tor the defense that Mr.
Armstrong was also at Mr.. Van Beck