Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-12-07
DISTRICT COURT.
The Jury in the Case Against z Dung
Higgins Finds Him Not
Guilty.
Judge Templeton Decides the Herald
Mandamus in Favor Of the
Printing Commission.
Various Items of Local News Picked
Up In and About the Capt.
tai City.
District Court.

From Mondays Daily
District court opened this morning.
There we're forty-seven cases that had
been continued from the last term, and
OF these, twenty-six were continued to
the next term, by consent of the parties.
VI the liquor case which have been pend
ing for some time, the following, on mo-
ton OF States Attorney Register, were
dismissed: State vs. James Mcpherson,
Q. G. Little and Alex Mckenzie; State
VS.. Frank kim and E. H. Bly,; State VS..
Chas Small and Joseph Hare; State vs..
Joseph and Alice Fox; State VS.. Frank
Kuntz and V. Conner; State vs.. r. B. Her.
riman and G. G. Little.
There were seven new prairie fire cases
against the Northern Pacific railroad
and they we're put over the term, by con-
sent of the parties.
Eugene Varney, charged with perjury,
was discharged, States Attorney Regis
ter stating that he did not have sufficient
evidence to convict the defendant.
In The case Of the State VS.. B. F. Bixby,
the leading witness, Henry Herr, did not
put in an appearance, and his bond of
slOO was forfeited, he having put u that
amount.
The case of the State VS.. G. J.. johnson
IN which the charge was arson, was dis
miissed,o on motion of Mr.. Register, on the
---GE. = - ,n., ~ .t-
ground that the building burned was the
property of the defendant, and q charge
OF arson would not lie against the de-
PENDANT. Mr.. Register said he believed
the defendant was a fit candidate for the
%lunatic asylum, and he was dismissed
from the jurisdiction of the courts.
Joseph Higgins was arralgned on a
charge of burglary. Mr.. M. T. O'Con-
nor was appointed by the court to de-
fend the prisoner. The work of securing
a jury was progressing when court ad-
journed.
There are but three civil jury cases to
try, and they will be tiled in the follow
ing order: E. Il. BLY, VS.. Bismarck Water
company; Asa Fisher vs.. John Ostland
and K. j. Anderson, Dowagiac Manufac-
turing company VS.. Hare & Holt.
On the opening of court this after
noon the work of securing a jury in the
case of the State vs.. Higgins was pro-
ceeded with. It took less than half an
hour to secure the jury. Gen. Hughes
prosecuted in the absence of Mr.. Regis.
ter.
Louis Larson was the first witness
He testified that on October l his store
was burglarized. He missed a pair of
shoes from a case, a file and a pair Of
nippers. He saw a shoe fitted during the
morning, in a footprint made at the rear
of his store, by the sheriff.
Policeman McGillis next testified, and
was on the stand at press time.
From Tuesdays Daily
In the district court yesterday after
noon Duncan McGillis testified that on
October l, the date on which he arrested
the defendant, he ascertained that there
we're burglaries committed the same
night in the stores of Messrs. Sattery
and Gussner. He found the nippers and
file (produced) in the defendants mat
tress, and also found three odd new
shoes and three or four pairs of new
shoes in addition; also, some bananas,
peaches and apples in a sack.
Sheriff Donnelly testified that he had
searched the defendant, and assisted Mr..
McGillis in searching the shack of the
defendant.
Mr.. Slattery said that on the night of
September 80 his store was broken into
and some bananas, peaches and apples
taken.
Mr.. Gussner gave testimony as TO an
attempt having been made to break into
his store on the same night.
The state then rested it's case, and Mr..
OConnor addressed the jury for his
client. He then placed the defendant on
the witness stand. The defendant denied
all knowledge Of the crime, but admitted
on cross examination that he had ASSOC
ciated with bad boys.
Clyde Townsend testified that on the
night on which the burglary was com
mitted he stayed all night with the de-
PENDANT.
An evening session was held, the at
torneys addressed the jury, the Judge de-
livered his charge and the jury retired.
At Ills a. N. they came in with a verdict
of not guilty.
TUESDAY.
In the district court this morning the
case of Bly, VS.. Bismarck Water Works
Company was tried. Mr.. Stevens ap-
peared for the plaintiff, and MI. Phil
brick for the defendant. The jury rem
dered a verdict for the plaintiff for the
amount sued for-$4,101 rs. This amount
covered advances made in cash to paw
interest and running expenses Of the
water works, and for services as general
manager.
The case of Asa Fisher VS.. John Ost-