Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1894-02-15

modled-declares: "and for the existsoco
Of such nuisance to be established, either
in criminal or equitable action" This
would presuppose an establishment Of
the fact OF the "maintaining and keeping
nuisance" previous to the indictment,
which fact is as yet only alleged against
the defendant, and not an established
fact.
Immediately on the opening OF court
in the afternoon, Judge Rose announced
that the demurrer was overruled, to
which ruling Of the court the defendant
duly excepted, the exception was allowed.
The second section of the allegation in
tho demurrer was also overruled; defend
ants counsel duly excepted, exception
allowed and made part OF the records
of the case.
1t was also ordered that the prosecu-
ton file and prepare in connection with
the indictment in this case bill Of par
ticulars setting forth the times and occa-
sions when, between the dates Of Jan
9Th, 1891, and Jan. 3rd, 1894, as alleged
in the indictment. the defendant kept
public nuisance. The indictment
charges the defendant with keeping
place in which intoxicating liquors were
sud as beverage, where persons were
securing liquors as beverage, and where
liquors were kept and sold by the de-
fendant as q beverage. The indictment
is dual in character in that criminal
prosecution IS begun against the defend.
ant while the Indictment at the same
time is proceeding against the person
aud premises as we'll. The demurrer
also states that the charge Of maintain
ing nuisance is not clearly and dis
tinctly set forth. 1t was to remedy this
that the bill of particulars is required.
Further proceedings in this case were
postponed until Monday.
! HE FOUND OUT
! The case of Nicholas Green of Court
enay,a druggist. charged with violating
the prohibition law, was taken up in the
afternoon. j. Syvertson. a merchant of
Courtenay, the first witness, testified to
purchasing whiskey OF the defendant. J.
W. Rad, who keeps a restaurant and
who sells soft drinks in summer, stated
that he bought uhiskey the
fore part OF last month in the
place of business of the defendant.
paid for the same and drank it upon the
premises. As the name OF the next wit
ness was called, counsel for defense
stated that defendant wished the case to
60 no further as he only plead mot
guilty" for the purpose OF knowing if a
blind pgger would testify against an.
other. The jury we're instructed to
bring in verdict OF guilty, to which they
did after being out Is minutes.
From Saturdays Daily.
| Shortly after nine o'clock last evening
the jury in the case OF the State against
Winfield Baldwin. was called in before
Judge Rose, who, on being assured that
an agreement could not be arrived at,
dismissed the jurors from further duty.
After being out between % and 80 hours
in an unsuccessful attempt to decide the
case the jury could come no nearer to an
agreement one way or the other than
ten to two-ten for conviction and two
for acquittal. The two are SAID to have
been steadfast 10 their resolve and the
persuaslons of the other ten were un-
awaiting to win them over to the major.
lty. The case was set for retual at the
next term OF the district court, in July.
The frequent inquiry today has been
who are the two on the jury who with
stood the ten? There is no secrecy re.
quired by law. OF the doings Of the petit
jury, after they have been dismissed
made not to divulge their names
However, this latter fact may be-
in conversation with one of the jurymeu
today, he stated that every art of per.
suaslon was tried upon these two. but
they would not yield from their position
and carried their point. The minority
ruled.
When tho case Of the State vs. Pa,
Moran, for violating the prohibition law
was called, Attorney Fredrus Baldwin in
formed the court that he wished to with
draw from the case This was granted
and in order to give the defendant time
t. procure an attorney, the case was
accordingly postponed until Tuesday OF
to iu mediately follow the BALDWIN case
which comes up for trial on Monday. Ii
is reported that Mr.. Moran intends to
employ the services OF Attorney Newman
OF Fargo.
| William Gleason appeared before the
court this afternoon and withdrew his
plea Of mot guilty. to the charge OF
keeping gambling establishment en-,
tered some time ago, and asked leave to