Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-06-01
The Jury In the Case Against b. F
Bixby Disagree, And Are Dis
charged.
The Trial of the Younger Bixby
Being Proceeded With at To-
Days Session.
Various Items Of Local Interest
Gathered In and About the
Capital City.
District Court.

VS.. Benjamin T.. Bixby, into court, and
as they could not agree, they were dis
charged, and the prisoner was remanded
to Jail.
Shortly after 4 o'clock, the jury was
completed in the case of the State vs..
Frederick Bixby, and the case was pro-
ceeded with it. States Attorney Regis
ter opened the case, stating that the de-
PENDANT was charged with grand larceny
by stealing S47O from the safe of E.. s.
B%eardsley of the Western house.
Mr.. B~eardsley gave testimony, similar
to that given on the previous day, in the
case of the State vs.. Benjamin F. Bixby.
In the court this morning W. A. Dillon
testified that he paid Henry Herr SSH,
some weeks ago, on an order on a
Chicago bank.
E. W. Hayden testified that the de-
PENDANT had acted as clerk of the West
ern house when B. F. Bixby was off.
Henry Heirs testimony was practically
the same as that given in the previous
case.
Roy Deber testified to the impecuni-
GUS condition of the defendant prior to
the date on which the money was taken.
W. HI. Sloan gave testimony of a SINH
lar character. He did not know of the
existence Of the money in the safe, but
he knew that Herr had received a check
from the old country. On the night the
robbery was committed the defendant
was up at ~ o'clock, and was looking
for a table to play cards on.
Mrs. Sloan testified that she heard
talk as of people playing cards, in the
defendants room, at an early hour on
April 18th.
Peter Estrom, who was a guest of the
Western house on the night of the 18th
of April, says the defendant showed him
his oom at l a. NJ, and at that hour he
overheard a voice in the defendants
room. which he recognized as the voice
of B. F. Bixby. The transom to the
room was open at the time.
Sheriff Donnelly testified that Mr..
Beardsley gave him information of the
robbery on the 18th Of April.
Mr. Lampson testified that on the 10th
of May he saw the defendant have S25
to $50 IN his possession in Jack Higgins
place Of business.
Court then adjourned for the noon
recess.
This afternoon States Attorney Regis
ter sought to prove by Justice Tibbils
some testimony given in the justice court
BY John Higgins. Higgins has skipped
ont, and is reported to be in the woods,
away from the reach Of a subpoena. The
evidence was excluded, on the ground
that the defendant is entitled to be con-
fronted by his witness.
Emma Beardsley testified that about
~ o'clock on the night of April 18th she
saw the defendant and his father in the
Office Of the Western house.
The state here rested it's case. and Mr..
Stoyell put no witnesses on for the de-
tense.
The attorneys r addressing the jury
as the TRIBUNE goes to press.
The case Of Brundage VS.. Mellon will
he taken up this afternoon.
From Saturdays Daily.]
BRUNDAGE vs.. MELLON.
Yesterday afternoon the case of j. N.
Brundage VS.. r.. B. Mellon was begun,
Messrs. Boucher & Philbrich and Geo.
w. Newton appearing for the plaintiff,
and Edgar W. Camp for the defense.
An evening session was held and a
jury wal completed. This was a case in
which the plaintiff sues for $4,25O dam
ages by reason Of the defendant having
sold the plaintiff some glandered horses
several years ago. The case was tried a
year ago, but q Q trial was granted
and now comes on for re-triel.
When court adjourned at 10 O'clock,
the case was ready for the introduction
OF witnesses.
Last night at 10 o'clock the jury in
the case Of the State vs.. Fred Bixby
came into court and called for the read
ing Of Mr.. Beardsley's testimony. Hav.
ing been satisfied in this regard they re-
ired. At 8 o'clock this morning they
came into court with a verdict Of not
guilty.
In the district court this morning, the
trial Of ]. N. Brundage vs.. r. B. Mellon
was resumed.
Arthur A. Brandage testified that he
called on r. B. Mellon and Geo. Mellon
in August, 1886, in regard to some horses
they had for sale, and which the plain
tiff thought Of buying. He went to see
the horses, and it wat represented to him
that the horses had fallen to them in
the settlement Of partnership deal with
one McClung.
j. N. Brundage testified that IN Sep
TENDER, 1886 he came to Bismarck with
q view to purchase the sixteen mares
and eight colts in question. He talked