Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-05-26
THE JURY DISAGREES.
The Jury in the Ostlund Case Dis
agrees and Is Discharged Last
Night.
Captain Brundage Gets $1,000 Dam
ages With Interest In the
Mellon Suit.
II. r. Pickle Is Captured-Teachers
Institute-Other Items Of
Local News.
District Court,

District Court.
In the Brundage vs.. Mellon case OF
Wednesday, the taking of testimony wa
resumed in the district court.
VIM. Edwards testified that in tn,
spring of 1856, he purchased a team o
horses of Mellon Bros, and they sub
sequently died. The disease they hae
correspondent with the CHAMBERS.
j. 4. Rhodes gave similar testimon,
concerning a horse he bought from the
bunch.
Mr.. Little of Dawson, who accom-.
panied the plaintiff on the date he
looked at the horses, gave testimony in
zorro boration of that previously given
by Captain Brundage.
Captain Brundage gave a little more
testimony and the plaintiff rested.
Mr.. Camp moved to have the case dis
missed, on the grounds that the plaintiff
did not rely upon the statements OF
Geo. n. Mellon. but take with him an
expert on whose judgment he relied:
and further that Mellon Bros. never
owned the horses.
The motion was denied.
Mr.. Camp then addressed the jury
on behalf of the defense, and proceeded
to read dispositions of r. B. Mellon, G.
w. Dickey, William E. McClung. Mr.,
Melons testimony stated that prior to
the date on which the horses were sold
to the plaintiff, the firm of Mellon Bros
& McClung dissolved partnership, and
the horses were turned over to McClung
as his share of the assets of the firm.
Various witnesses were introduced and
the case was closed.
The jury retired at 6 p. m. and came
in at $40 with a verdict for the plaintiff
for $500.
Court adjourned till $50 a. m.
YESTERDAY MORNING
the case of the State VS.. John Ostlund
was called. Mr.. Register prosecuted
and John Stcyell defended.
Mrs. Bartholomew was the first wit
ness. She testified that on a certain
date IN January last she entered the
stable of the defendant and there
saw some eighteen or twenty
horses. many of which were covered
with snow and ice. The stable
was in a very dilapidated condition.; the
roof and east side and rear wall of the
building freely admitted the snow. It
was a very cold morning. The horses
were tied by halters.
Claude Holley, William H. Fallon,
William Owens, Nelson White, Ray
Bumstead and others testified and the
state rested.
For the defense, MI. Stoyell called
John Ostlund, who stated that the
stable was in good condition and it was
no more open than was needed for venti-
lation.
George Peoples, Charles Graham and
others testified in confederation of Mr..
Ostlund's testimony.
The address to the jury followed and
the Jury retired to consider the case al
500 p. m.
At 1920 last night the jury in the
Ostlund case filed out of the jury room
and into the court room. The foreman
announced that they had not agreed upon
a verdict, and that in their opinion they
would not be able to agree. The Judge
accordingly discharged them. It is
learned the vote stood on the first
ballot, Z for conviction and 5 for acquital
On the third ballot it was 9 for convic.
ton to 3 for acquittal, and there it stood
until the last ballot.
In all cases, where q mild but efec.
tive aperient is needed, Ayers Pills are
the best. They improve the appetite,
restore healthy action, promote diges.
ton, and regulate every function. No
pill is in greater demand, or more highly
recommended by the profession.
A Pretty Pickle.
Harrison r. Pickle, who lives twelve
miles north of the city, and who has
been suspected of insanity, came into
the city Thursday afternoon to dispose
of a load Of corn, and al at once taken
in charge by the authorities. Some
weeks ago Pickle, when in town, made
some pretty suspicious statements
among them being one to the effect that
the world was ruled by a Lord High
God, who was supreme, and $50 lore
gods, one of the latter whom. to use the