Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1894-01-04
District Court.

District Court.
The January term OF the district court
opened Tuesday a. m., with AZ cases on
the calendar, several of which will be
tried by jury. The calendar was called
and cases either SCI for trial, dismissed
or passed.
The case OF Il. n. Mackey vs. I. C.
Wade, on promlssory note, was set for
the afternoon. f. ". Camp and Fred
Ius baldwin are the attorneys for the
plaintiff and defendant respectively.
Immediately after the securing Of the
grand and petit juries the case was begun.
In the case Of the Gull River Lumber
Co. vs. Adam Walters. ct al-attachment
Judgment was ordered given for the
plaintiff against Adam Walters, the
others to be dismissed.
A Judgment for Win. Farley against /.
c. Wade was given 10 suit brought in
regard to Il contract.
Notice Of motion to dismiss, because
Of want Of prosecution, was given in the
three cases Of the Dakota Building and
Loan ASSOCIATION against J. ". Cloes,
Anton Steinbach and Peter Haas. The
cases were brought to set aside release
Of mortgage.
Notice of motion to dismiss was given
in the case OF Finlay Dun, trustee etc,
ct al, against LaMoure county, ct al.
This is an injunction tax case. The same
motion was also made in tue two similar
cases Of Chas. c. Jones, ct al, and Henry
J. Taylor, ct al, VS.. Stutsman county.
A. J. Elliott and E. Russell, absent,
and Jas. Ross, excused because not cit
izen, of The grand jury, had their places
supplied by F. B. Fancher, Geo. Farms
worth and S. Corwin. Henry Sleight
was appointed foreman, and Thos. Grit
ting, balliff.
Fred Smith, employed at the asylum,
and DR.. McLain. we're excused from the
Petit jury.
Peter Pearson and Ed Russell will act
| 1S UdlllllS u VI iup lulS lcIu
The divorce case of Marshal Brinton
VS.. Rosamond Brinton was ordered dis
missed upon the payment of costs.
An action brought by Wm C. Rlebe
VS. Geo. Armstrong for conversion of
property was dismissed.
The informatiors IN the jamestown
liquor cases, some eight IN all. were
| quashed, on the same grounds as in the
Dan Buckley case, recently reported IN
The Alert, and the cases dismissed.
The reasons for this action by the court
| were cited at leugth in the decision in
| the Buckley case. the points being that
| the jury had no right to separate and
hear communications from others than
the bailiff: that irregularities existed in
| the jury 70 om in the deliberation OF the
case; that the information was faulty in
| the description of the place where liquors
| were alleged TO be sold; and the testi-
mony of witnesses was not taken by the
states attorney or justice Of the peace.
as the law requires.
The action taken in these cases is as
satisfactory to the great majority of the
community as was the decision in the
first case. The county is saved a long
and expensive trial. at the end of which
a conviction. under the law and evi-
dence, would be highly improbable.
Judge Rose adjourned the Barnes
county term of court until Feb. 20 Ed
White, the tramp desperate, was SEN
fenced to four years and nine months in
the penitentiary; David Austin was
given year and half Imprisonment for
obtaining goods under false pretenses.
and Hance johnson. the same sentence
for burglary at Oriska.
Among the interesting cases that came
up was the application for divorce by
William Marsh, a farmer of the county,
from his wife Minnie Marsh This was
case ID which it is said the woman her
self-who is rather ryoung-waated legal
separation from the husband. but object
ed to his asking for It, and contested it
domestic grievances were alleged as
cause for separation, which was not
granted. The couple is SAID to have been
married through the agency of the Heart
and Hand matrimonial bureau, with the
customary results of subsequent dissat-
isfactlon and regret
A Rift IN the Clouds.
The Willlamsport Record says: A sub.
scriber came in the other day and paid
his subscription-ln stove wood. The
Bismarck Tribune was right when it said
thu Enanc1al sk,as xnnll hrich1en after