Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1893-09-14
The DAY In DISTRICT COURT,
Jury Secured in the Bennett
Case and a Long Legal Bat
tie Renewed.
Nine Defendants in Blind Pig
Cases Given Time to
Plead.
German Agricultural Commits
SiOnerS Pay a Visit to
Jamestown.
From Tuesdays Daily.

From Tuesdays Daily.
The September term of court opened
this morning very quietly, with hardly
dozen spectators in attendance, besides
those directly interested in the cases
shortly to come before the court.
The Bennett personal injury case was
first called.but postponed until afternoon,
pending the securing Of jury of twelve.
Ball & Watson of Fargo, represented by
Jno. S. Watson, appear for tho defendant,
the Northern Pacific Company, and s. L.
Glaspetl for the plaintiff, George A. Ben
nett. The case is an old, time worn one,
which has been tried, retired, and will
0e tried again. Mr.. Bennett, while
breaking in the yards 10 this city, had his
hips crushed while coupling cars, and
brought suit to recover damages in the
sum Of $4,000.
B. J. Darling, who is charged with as
sisting prisoner, Owen Hargraves, to es-
cape from the custody of Sheriff Eddy,
and particularly from Deputy L. B.
Miner, on the 3rd of August last, was ar
raigned and given time to employ an at
torney, which he agreed to do. He stated
that he had means and would employ an
attorney. He will have to plead by to-
morrow. ,.
The sightless porcine cases were called
next, and John Mahoney, Anna Wash
burn, Dan Buckley, Geo. Game, F. w.
Delaire, S. A. Baker, Chas Dodge, Pat
Moran and Peter Haas arraigned and
given twenty four hours to plead. The
reading of the information in the various
cases was waived. The clerk was in
structed to make copies of the informa-
ton in the cases. The arraignment Of
Chas. u. Herbert was postponed until
tomorrow, owing to his sickness IN
Fargo. A telegram sent to him in the
afternoon requested his presence i'm
mediately.
Nickens & Baldwin and NJ. Conklin
appeared for the defendants.
Immediately after dinner jury was
empsnelled to try the Bennett case, and
the following gentlemen took their
places IN the jury box: H. A. Blood, ].
T. Walker, J. s. Holcomb. Peter Pearson,
Il. Gieseler, Duncan McCrimmon, Geo.
Orange, VIM. Farley, Chas. Karcher, G.
d. Barrell, Hugh Bole and j. A. McGll-
veray.
The following. we're drawn, but after
wards excused: H. Vessey, Frank
Montgomery, D. c. Griffin, E. s. Miller,
Otto Wonnenberg, E. D. Strong and
Lewis Lyon.
Attorney Glaspell opened the case for
the plaintiff by succinct and concise
statement of the facts, as it is stated
they occurred on that day IN May, 1890, a
little over three years ago. A detailed
description of the defective Union Tank
line oil car was given. the duties Of q
swltchman described, and a verbal pic
ture presented of the road engine, which
for the time being was used as
a switch engine. Draw bars, slack
and other words used IN railroad
nomenclature slipped from his tongue as
easily as though the attorney had got
his start in life rawhiding on switch
engine. The case, it is expected, will be
a long one and not without interest to
railroad men.
County Auditor Vennum was the first
witness put upon the stand. He has
been agent for the Standard Oil Co. at
this point for several years past and
testified to handling the car on the day
in question, etc. Testimony of E. J.
Schwellenbach was also introduced.
Barney Darling has grown a full beard
Sheriff Eddy and Deputy Port Eddy
we're kept on the jump today running
after witnesses and jurors.
Clerk of Court Branch has "gone up
higher" and occupies his desk in front Of
the Judge in his usual dignited manner.
States Attorney 0laspell occupied the
floor this morning in presenting a large
number Of cases in which he is inter-
ested. ..a .. ..~.."
Stenographer Ed Rose commenced
scribbling his "pot hooks and hangers"
this morning with his usual freedom Of
manner. ..
Harvey G. Twomey of Fargo, official
stenographer of Oass county, is in at
tendance as special stenographer for the
firm OF Ball & Watson.
Attorneys Sanford, Nickeus, Hamilton,
Baldwin aud Conklin were on the scene