Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-12-08

kept on drinking for several months. He
neglected his Mandan restaurant bust
ness, and went to the dogs generally.
The witness was ON the stand when
court adjourned.
This morning the case was resumed.
Mr.. Coleman continued his testimony.
He went on to describe bis debauched,
besotted and intoxicated condition from
October to February. During the last
named month, Mr.. Bottomley broached
the subject Of buying his farm, and
offered $500 for it. The plaintiff agreed
to cell at that price, and received $50 to
bind the bargain. 4. few days after this
the deed "a fixed up, the defendant
paid SIG more, cancelled a $A whisky
bill, thus making 500 Of the purchase
money. Between talks and payments
regarding the land, sundry drinks we're
INDUCED in.
At this point MI. Philbrick called at
tention to the fact that the complaint
set forth that no consideration had been
paid by the defendant ito the plaintiff
for the land and the testimony of the
plaintiff showed that this was not the
fact, and the testimony does not show
that the plaintiff rescinded or offered to
rescind the contract, or offered to return
the money, and Mr.. Philbrick moved the
complaint be dismissed.
The court withheld it's decision on the
motion and the witness continued his
testimony.
His signature to the deed and to the
complaint, written when he was respect
lively, drunk and sober, were presented
to the court.
Mr.. Philbrick then proceeded to cross.
examine the plaintiff. The cross.exami-
nation showed that the plaintiff came to
this country in 1856 from Australia, by
way of San Francisco. He ran a bakery
on Fifth street, in Bismarck, from 1881
to 1856, during which time he did not
drink any intoxicants. He sold out in
1856. and west to California. where he
stayed a year and got on a drunk there.
It also developed in the cross.examina-
ton that the plaintiff had two houses in
Bism arck, a quarter OF a block on 9th
street, and sundry lots scattered around
in this city and Painted Woods.
H TAT VS.. ANDERSON BAKER.
At this stage of the case talesman
came into court who had been summoned
to try the case of the State VS.. Ander-
sen Baker, for assault aid battery. The
case of the prosecution was put in and
court adjourned till las p. m.
This afternoon the defense put in all
its testimony, the attorneys addressed
the jury, the judge charged them and
the jury was out at press time.
No Quorum.
It begins to look as though matters in
the city council would be a repetition of
the experiences Immediately subsequent
to last springs election. With the ex-
ception of a special meeting, called to
paes upon some one question, there has
not been a session Of the city fathers for
over a month. Whether the aldermen
who are absent are too busy to give at
tention to city affairs, OF whether they
are forgetful of their Offices is a matter
best known to themselves, at any rate,
the result is the same-no meeting.
There is no business just at present
which renders a meeting particularly
imperative. The city officials, by a wise
provision, get their salaries, meeting or
no meeting. But there are some other
bills, the allowance of which would prob
ably be gratifying to those who present
them. And again, it would look better
if the council were to hold occasional
regular meetings. If, under the present
rule, meetings are too numerous, they
might be lessened in number, to, say,
n every six months, and then their
frequency would certainly not interfere
with the other business of the aldermen.
Aldermen Reade, Mcdonald, Patter-
son and Robidou we're present with
Mayor Allen last night. They assembled
at 8 o'clock and waited. Their waiting
was Of no avail, for none other anne.
Those who we're present specialized on
the probability of q meeting until $50.
Odds we're offered against it. At half
past eight an adjournment was taken,
and another regular meeting went the
way of a good many in the past nine
months.
One Kind of Estray Notice.
S. J. Seal, the machinery man, who
travels from Fargo, has a copy Of an
estray notice which is posted in the
p~ostoffice at Hebron. One of the Rus
sian settlers Of that vicinity, whose mast
cry Of the kings English is not yet per-
feet, and whose efforts to transfer his
sentiments to paper, are, as yet rather
crude, is responsible for it, and F. H.
Bingenheimer of Mandan, was struck
with it's originality, and sent a copy Of it
to Seal. The notice is as follows:
LAwsr ODER STRAIGHT.
Vun kali, ret, he vas q shee kali. His