Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-05-25

Attorney General Standish opened the
case for the prosecution. He outlined
the case, giving the details of the alleged
larceny Of the book in question by the
defendant.
Wm. A. Falconer was called to the
stand, and was testifying as the TRIBUNE
went to press.
From Saturdays Daily.]
Yesterday afternoon after the TRIBUNE
report closed, Mr.. BLY, testified that the
lease produced was executed by him and
Messrs. Allen and Patterson. The lease
was offered in evidence, and objected tc
by MI. Stevens on various grounds, one
Of which was that it was in no manner
connected with the offense with which
the defendant is charged. MI. Stevens
insisted that the defendant was charged
with stealing a book of the value Of s25.
At this stage Mr.. Register demanded
Of the defense to produce the lease Of
which the lease is duplicate. The de.
mand was Withdrawn at this point.
W. A. Falconer again took the stand
He detailed the circumstances attending
the loss of the book known as Miscel
laneous deed 70; told Of his search for the
book, and then went on to state that il
February last the defendant came into
his Office, and told him that he defend
anti had the book, and would return il
if witness would record a fictitious lease
in the pages where the Bly, lease wa for
merly recorded. The witness went on tt
tell the story that he had given before
the justice and which was fully printed
in March last.
When court adjourned for the evening
the attorneys were arguing Tin the
absence of the jury the question as tt
whether or not testimony was admissible
regarding the loss Of Bly's copy of thu
lease. Court then adjourned.
This morning, MI. Falconer took thu
stand again, the prosecution abandoning
for the time the particular line of proc.
that they we're on last night.
MI. Falconer answered a few ques
tons on direct examination, and MI
Stevens then proceeded to cross-exam
inc. He proceeded to interrogate tn,
witness as to his performance of the
duties of deputy register of deeds, prio,
to 1890, and then came down to the tim,
| when the book was lost.
This afternoon the cross-examinatior
of MI. Falconer was resumed. He wa
questioned closely concerning the con
versation he had with MI. Allen regard
ing the lost book, and bits of foundation
were laid for the testimony that is t,
come for the defense.
From Mondays Daily.] ;
The first thing in the district cour
this morning was a motion on the par
Of Attorney General Standish to strik
out of Witness Falconer's testimony al
the conversations with Gen. Hughes, ex
cept that Of January 21st, relating to tn
last time he remembered seeing tn
book.
This motion brought Mr.. Stevens t
his feet, and he scored the attorney gen
eral, and claimed that the motion wa
unworthy the effort of a man occupying
the high Office of attorney general of tn
state. The motion was denied.
w. A. Falconer was recalled, an,
asked q few questions, as redirect test
mony, and on cross-examination.
Mr.. Bly, was recalled. The prosecu
ton sought to place testimony before tn,
jury to the effect that his copy of tn
lease was removed from the place wher'
he put it, and put in another place. Th'
defense did not object to the testimony
and 1t was admitted. The lease between
the witness and the Northern Pacif,
Railroad company, was putin evidence
and that part read to the jury which re
lated to half rates for supplies to tn,
hotel. The witness detailed the circum
stances relating to the loss and finding
of the lease, as he had testified on tn,
preliminary examination.
Sheriff Donnelly testified to making
search for the book on request of MI
| Falconer.
MI. Falconer was recalled, and wa
questioned as to the testimony given a
the preliminary examination by. MI
Allen, but the testimony was ruled out
Court convened this afternoon ant
Mr.. Register announced that the stat,
rests.
Mr.. Stevens outlined t o the jury tn,
defense. He said the defendant woult
testify that he neither took the book, GU
leaves from it, or confessed that he hat
had any knowledge Of the taking of tn
book.
E. s. Allen, the defendant, then testi
fed. He denied all the conversation
with Mr.. Falconer referring to the book
except on the 21st and 9th of February
and then and at no other time had b,
ever had a converse as detailed b,
Mr.. Falconer. He denied having eve
seen the missing book, except as b
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