Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-07-27
IN DISTRICT COURT,
The Adjourned Term Of District
Court Begun BEFORE Judge
Winchester this Morning.
Several Criminal Cases Come Up
For Trial, and Will Be Dis
posed Of.
From Wednesdays daily.l
District Court,

AN AQJOurneQ term or the district
court was opened this morning before
Judge Winchester.
Harry Hungerford was arraigned on a
charge of horse stealing. The defendant
pleaded not guilty. He was ready for
trial, Notwithstanding the fact that Mr..
Stevens, who appeared for him, was not
in attendance. The case was, however,
put over until Mr.. Stevens could attend.
Henry Schultz pleaded guilty to a
charge of escaping from the p~enitentiary
in August last.
Charles Hubanks was charged SINH
larly, and did not quite know whether to
plead guilty or not. He said that he
escaped, but it was not from the peniten-
tlary, but was on his way from the brick
yard. He said he did not desire to put
the county to additional expense Of a
trial, but he did not want to go to the
p%enitentlary again, unless he had to. He
was given till the afternoon to plead.
George w. Mccoy was charged with
the same offense. He pleaded not guilty,
and he wanted a lawyer appointed to de-
fend HIM. His case will be taken up
again this afternoon.
Eugene Varney wat arraigned on a
charge Of perjury. His case was put off
till this afternoon.
The old case of the State VS.. John
Ostlund, for cruelty to animals, was dis
missed on motion of States Attorney
Register.
A jury was empanelled in the civil
case of VIM. S. Crum vs.. Charles E.
Crum. This was a suit on a note. Mr..
Newton appeared for the plaintiff and
Mr.. Register for the defense.
THIS AFTERNOON.
The prisoner HubanKs was brought
into court this afternoon and pleaded
not guilty. He did this against the adj
vice of his attorney, Mr.. O'Connor, and
stated that he desired to go to trial
without the assistance of an attorney.
He was remanded to Jail and will be tried
later. Z
The trial of the case of Crum VS.. Crum
was resumed.
From Thursdays Daily.l @
Yesterday afternoon, in the case of
Crum VS.. Crum, in which the defendant
set off a board bill against a promissory
note given for a span of horses, when it
reached a certain stage, the attorneys
agreed that the case should go over the
term, and in the meantime the parties
to the suit, who are brothers, will try to
settle up their differences.
The trial of Chas. Hubanks was then
proceeded with, the defendant managing
his own case. MI. Boucher was the first
witness. He testified that the defendant
was an inmate Of the penitentiary at the
time Of his escape. Other witnesses ties.
tilted as to the prisoners escape, and the
state rested it's case. Hubanks intro.
duced no testimony, but addressed the
jury at considerable length. He ap.
pealed to their sympathies, gave a his.
tory of his life; told Of a harsh step.
father, and Of his being thrown in with
gamblers and cutthroats early in his
career. Penitentiary life, he insisted
had broken his health and left him with
insufficient brain to battle with the
world. Another term in the peniten.
tiary would efectualiy do him up.
Notwithstanding his appeal, the jury
found him guilty, but recommended him
to mercy.
THIS MORNING.
Court opened this morning at 10
o'clock.
Henry Schultz, who pleaded guilty to
the charge of escaping from the peniten-
tiary, was sentenced to a further term of
imprisonment in the %penitentiary of one
year.
The prisoner, Chas. Hubanks, who had
been found guilty by a jury, was SEN
fenced to a further term in the peniten-
tiary for two years.
The prisoner, Mccoy, pleaded guilty
to the charge Of escaping from the peni-
Tertiary. Sentence WA deferred.
The young man, Hungerford, who was
charged with stealing a horse, desired to
defend himself, without the aid Of an at
torney. Geo. Proctor, Harry eager,
Frank Donnelly and John Waldron testi-
fed on behalf of the state. The testi-
mony showed that the defendant called
at Proctor's place on the 18th inst,
stayed there one night, and in the morn
ing went off with the horse. He traded
it to Harry eager the next day. The
state rested its case, and court adjourned.
AFTERNOON.
This afternoon the young man, Hun
gerford, told his story, and claimed that
Mr.. Proctor gave him the horse. The
jury took the case, and are out as the
TRIBUNE goes to press.
Insthe case of Van Horn We. Hoagland,
the defense applied for a continuance
because Of the sickness Of the defendant
"a certificate was fled from DR.. Smyth,
Il stating thai Mr.. HOa01and vac ;nd;onoo.