Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-03-09
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UNITED STATES State COURT
The March Term OF the United
States Court convenes At
II O'clock.
Petit Jurors Responded TO Their
Names, and the Grand Jury
Is Charged.
The Suit of Harshman VS.. The North
ern Pacific On Trial This
Afternoon.

Afternoon.
From Tuesdays Daily
United States Court.
The March term Of the United States
court convened at the United States
court rooms at ten o'clock this morning.
There were present a large number Of
jurors, grand and petit, witnesses,
officials and attaches. The call Of jurors
resulted in the answering to their names
OF the following persons: J.. Joliffe,
Rolla; J. Herman, Grandin; j.. Carpen-
ter, Forest River; L. Martin, Hamden;
G. q. Culver, Rockford; G. Sale, Grand
Rapids; G. Kermott;; Sc. Thomas; D. H.
Corbett, Gardner; G. Wheeler, Grand
Forks; H. o. Bjornerud, Langdon; J.
Corcoran, Ardoch; q. Sprague, Grafton
W. Brannon, Forest River; G. Lisk,
Hankinsoo; G. D. Lord, Park River; T.
Guinan, Hensel; M. D. Green, Sheldon;
@. E. Fairbanks, Fort Ransom; T. Rich
ards, McKenzie; j. Sim, Grandin; H.
Taylor, Paramount; j. G. Williams,
Ashley; G. Whitmer, Mandan: f. Baker,
Devils Lake; A. Berger; Minor; F. G.
Barlow, Barlow; 9. Fisher, Jamestown
a. G. McCrary, Harlem: j. Gipson,
Valley City; J. VanArnam, Barrie, G. H.
Otto, Crystal.
The grand jury was then called, and
is now composed Of the following per-
G. r. Hunter, G. A. Roberts, l..
G. Green, G. H. Staten, G. H. Olson,
Harris Gardner, Fl. E. Pratt, Joseph
Anderson, Aug. VAIL, Jas. Haskett,
Henry Atkinson, w. H. Wake, H. G.
Walker, Jas. McDougall, Chas. s. John
stone, John Enbe, John A. White, I. J.
Chevalier.
Judge Thomas then delivered his
charge to the grand jury. G. A. Roberts
Of Fargo, was chosen foreman, and the
jury retired and is now in session.
Capt. J. w. Gregg was appointed
bailiff Of the jury room, and M. J. Nc
Kenzie bailif of the court ROOM, with
w. L. Daggett, crier.
Court adjourned at a little before II
o'clock until 2 o'clock this afternoon.
h AFTERNOON.
This afternoon the case of Jacob
Hartman vs.. The Northern Pacific Rail
road came up. The case Is a personal
injury suit, Harshman having, while en-
ployed as a brakeman, had his toes cut
of by an engine in yards at Valley City,
and for which he sues for $4,000. Train
master 'Comstock was the first
witness, and he testified as to
certain rules in effect by the
railroad company. Harshman was
head brakeman, and as such
was under control of the en-
gineer, and it was his duty to jump off
and on the engine at certain places. In
jumping on at Valley City, his foot be-
came caught between the ties, and the
second engine Of the train, a double
header, cut off his toes.
At the time Of going to press sundry
deposition were being introduced and
read, and several photographs of the
place displayed in evidence.
The case was originally brought in the
state court at jamestown, and was trans
ferred by the railroad company to the
federal court. S. L. Glaspell for plaintiff
and Ball & Watson and Alexander
Hnphoc for the 1ofondon+o
From Wednesdays Daily
In United States court yesterday
afternoon, the suit Of Harshman VS.. the
Northern Pacific wa continued, and the
evidence for the plaintiff all introduced.
This morning, the defense began it's
case, and several witnesses were ex-
amined. The defense of the Railroad
company is that the plaintiff was guilty
Q contributory negligence. The plain
tiff claims that the accident occurred be-
fore it was quite daylight, between $ and
s o'clock in the morning and that he
carriedEa lantern. The defense this
morning produced several witnesses,
among them the engineers Of the train,
.tEEGf--@AGEEGf ,a4s
and asresident Of Valley City, who testi-
fed$the accident occurred at about 7
O'clock in the morning, and broad day
light. The latter witness testified he
saw the accident plainly from his board
ing house. about $50 yards away. Cross
examination failed to develop anything
new, and the case was continued at
noon, until2 O'Clock.
THIS AFTERNOON.
This afternoon, consideration ,of the
case was resumed and more testimony
was taken. At about 8 O'Clock, the evil
dence was all in, aud the attorneys were
making their argument at press time.
The grand jury 40 far has returned
two indictments, and are still at work.
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