Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-05-25

ceived from the east.
At this point court took a recess till
Up. N.
WHITE SENTENCED.
John T. White was brought up for
sentence for illegal voting. His attor-
ney, Mr.. Philbrick, urged reasons for a
light sentence, the same as those given
several days ago. The defendant stated
that Sheriff McLaren Of Cass county
had told him that a Communication of
time in the penitentiary for good be-
havior restored q convict to his rights OF
citizenship. he believed that such vas
the case, and because Of that he voted.
The defendant had been three weeks in
jail and three weeks out on bail. The
defendant was fined $40 and costs.
h ALLEN CASE.
Last evening Judge Winchester de-
livered his charge to the jury, and they
retired. At 1890 this morning the jury
came into court with q verdict of not
guilty.
The WOGAN CASE.
Mr.. Wogan was brought up for sen.
tence for cruelty to animals. He was
fined $40 and costs. The judge remark.
ing that he understood from parties with
whom he had talked, that the defendant
would not be able to pay a heavy fine,
and he did not believe a Jail sentence
would promote the ends of justice. He
desired to say, however, that this was
the first conviction under this law in this
district, and future convictions under
this law would receive severer punish
ment.
This afternoon the trial Of BENJAMIN
F. Bixby was resumed.
MIR. Beardsley took the stand again.
He said that after the money was taken,
he took Bixby back to work with him,
and he continued so to work about q
week, when the defendant got to drink
ing and was discharged. After he left
he had $50, according to his statement
at the preliminary hearing, which the
defendant had not told the witness about.
On cross examination, the witness
stated he had known the defendant II
years. He had had confidence in him.
M. Stoyell's line of questioning
pointed to the defense as being the claim
that perhaps Mr.. Blxby inadvertently
left the safe open, and that somebody
else took the money.
w. A. Dillon testified that about six
weeks ago he paid Henry Herr $511 IN
paper money, the proceeds of a draft.
Henry Herr testified that he gave an
envelope with $40 in it to Mr.. Boards.
ley to take care of for him.
In cross-examination he said he did
not go through the hotel Office the night
OF April 18th. He always supposed the
safe locked with a combination. Never
told Bixby that they would have a time
when his money came from abroad. Had
told people that he had sent his none,
out Of the state.
From Thursdays Daily
Yesterday afternoon, after the TR1B
UNE went to press, the following pro.
ceedings were had IN the case ofithe State
vs.. Bixby.
Martha FLANDERS, a dining room gir'
at the Western house, testified that 8
few days after Mr.. Bixby returned tc
work for MI. Beardsley, Bixby showed
her SO cents, and said that WAS MI
the money he had.
Edward Hayden, the barber at the
Western house, stated that one day prio,
to April 18th, the defendant showed
witness a piece Of paper, and said it be-.
longed to Herr, and called for S5l2. The
defendant said he wished it belonged tc
him, and that if it did, it would do him 6
great deal more good than it would Herr
Frank Donnelly testified that about
the 18th or 18th Of April. he met Bixby
and Bixby told him he had lost $50 OF
S9O and a watch, and he wished the wit.
ness would look out for it. When ar.
rested the defendant had $1O.O3 money
in his possession.
Edgar Tibbils testified that he was
the magistrate who committed the de.
PENDANT for trial. At the hearing the
defendant said he had between $50 and
$50 when he left tho Western house or
the Goth Of April, but he did not and
would not state where he got it. Some
days prior to the defendants arrest he
told witness he had lost $50 and q watch
The state here rested.
The defendant then went on the stand
He denied the testimony of the witnesses
Hayden and Tibbils. He swore that he
never knew Herr had any money in the
safe; he never took it and did not know
who did. He had $50 at. the time be
was discharged. This was money he
had received for pension. He denied the
statement of Mr.. Beardsley, that thew
had ever talked about the money pack.
age-the obstruction it caused in the
drawer or anything Of the kind.
The attorneys addressed the iury. the
Judge delivered his CHARGE and Tho INV