Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-03-16
Robert Hatton Found Gully of
Robbing the Postofice at
Gardner.
John Harrington On Trial For Hav-
ing and Using Counterfeit
Money.
Resolutions of Regret-An Old Land
Mark Gone-various Items of
Local News.
From Tuesdays Daily
Gases In COnrt.

aAoA' dCcuseu OIL rODD1ng Glo GarQner
p%ostofice who plead not guilty and made
a defense, was found guilty by the jury
last evening. Hatton, himself was upon
the stand in the afternoon, and testified
in his own defense. He had passed
through Gardner, but had not stopped
there, and he denied all completely in
the robbery. Claimed he was a fisher
man by occupation and told a story of
his operations in that line. He was
subjected to a rigid cross-examination
by Attorney Miller, and his apparent I'M
,%easiness, as we'll as his frequent con
fusion in testifying, told against him.
The jury was out but a brief time and
returned a verdict of guilty.
This morning the case Of the United
States against John Harrington, for
passing counterfeit money, was taken
up. This case is an interesting one,
from the bill which was passed. Har-
rington, it seems, had secured an adver-
tisement of a business firm, which re-
sembled, to the casual observer, a $40
bill. It was about the same in size and
color, and similar in shape, and in the
paper upon which it was printed. In
stead of a treasury note, however, it wa
an invitation from a business firm to
call and buy $40 worth of goods, and
get 10 per cent. discount, the figures ar
ranged In such a way as to increase its
resemblance to $40 bill. It was not
issued, of course, with the expectation
that anyone of them would be attempted
to be passed, but Harrington is indicted
for having passed one, and secured
change from an innocent person in the
transaction.
An interesting question was brought
up in the opening of the case by the de-
Tense, who claimed the Indictment was
insufficient. They claimed the bill
which had been passed, did not come
within the provisions Of the statute,
making punishable to passage of counter
feits Of United States obligations or
securities. They claimed, further, that
the note was not executed in likeness of
similitude of an obligation of the United
States. That the wording of the bill in
question did not pnrport to make it an
obligation Of the United States, and that
its being similar in size, shape and color
was not sufficient to establish it's simili-
tude to an obligation of the United
States.
The prosecution argued that it's being
worded after the fashion of a treasury
note was not necessary to make it a
counterfeit in the meaning Of the statute,
and that if it's size, shape, color, and
general appearance we're such as to de-
,ceive q casual and unsuspecting OBJ
server, it would come within the pro-
visions Of the statute, were it's wording
altogether dissimilar. The argument of
the case involved the citing of numerous
decisions, and occupied the entire morn
ing.
This afternoon, the case was continued,
under the decision Of Judge Thomas,
and testimony taken. This showed that
Harrington had gone to a house of i'll
fame with the bill, and had passed it
upon an inmate of the house, receiving
Sc OF good money. Testimony was also
taken as to whether the bill would be
likely to deceive. The arguments we're
ended at about 3 o'clock when Judge
Thomas charged the jury.
The jury was out but a few moments,
and returned a verdict Of guilty on the
second count, that of having the note in
his possession and intending to use it.
The case of the United States against
David Hedberg, for selling liquor with
out q license was next taken up, and in
progress at press time.
From Wednesdays Daily.l
In the United States court this morn
ing the trial Of David Hedberg was con-
tilnued, Attorney Simpson appearing for
the defendant. Hedberg is charged
with selling liquor without q govern
ment license. He lived in a dugout at
Lehigh, and witnesses were produced
who swore they had bought liquor from
him, at different times. Various evil
dence as to his arrest, ETC., was taken,
andthe arguments in the case were COM
pleted at about noon, the Judge charging
the jury when court resumed session
after dinner.
This afternoon j.. Tibbils was ar
raigned on a charge Of selling liquor to
Indians and plead not guilty. He was
placed under $500 bonds.
The case Of the United States against
John Frederick was. next taken M.
Frederick is charged with having stolen
lumber from the government at Fort
Lincoln to the value of $50. Frederick
plead not guilty, and q jury was called
for his trial which continued this after
noon.
The jury in the Hedberg CAGE came in