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

book.
Mr.. E.. G. Patterson testified. He swore
that on the 22d of February MI. Fal-
coner called him and MI. Allen into 8
room to have a private talk. He there
told them he believed they had taken
Record Book 70.
An evening session was held at which
General Hughes testified. Most of the
testimony that was given by the witness
at the preliminary examination was ruled
out here, and there was no cross-examin.
alton.
G. B. Little testified to assisting in
searching Mr.. Bly's room for the missing
lease, where it was found, The witness
examined the lease belonging to MI.
Allen, and testified that while in a dry
condition the leaves could not be taken
apart without tearing.
Paul Remington testified to assisting
in searching Mr.. Bly's room for the
missing lease.
Scott Mclean said he was in the Sher-
idan house on February 22d, when he
saw F%alconer, Allen and Patterson 90
together into a room zeal the lunch
room.
Lester Coulter and Samuel Mansfield
testified to similar facts.
Rosa Miller. a chambermaid at the
Sheridan house, testified to having taken
care of Mr.. Bly's room, and she fire..
quently found papers scattered all over
the room.
Nettie Kelly gave similar testimony.
She was in the habit Of putting papers
in the drawers Of the table and bureau,
when she picked them from the floor.
II. l.. Nicholson testified that he had
frequently gone to Falconer's office, and
had there found no one in the Office, and
the vault doors open, so he could see
the books and papers. He had waited
for Mr.. Falconer for from five to fifteen
minutes, with the vault in that condition
Court then adjourned until 9 O'CLOCK
this morning.
This morning the following proceed,
ings were had:
Mrs. Lambert testified that on the 24tt
OF February last Zone of the days that
Mr.. Falconer testified Mr.. Allen made {
confession to him), she went to the office
of the register of deeds, walked to the
Office with Mr.. Falconer, and remained
there till nearly 4 o'clock. MI. Alle1
was there part of the afternoon, but lef
before she did, and no private converse
ton was had between Mr.. Falconer anc
Mr.. Allen while she was there.
Mrs. Mclean testified that she wal
with Mrs. Lambert on the day in ques
ton.
VIM. Dolan, foreman of the TR1BUN1
bindery, swore that catgut was not uset
to sew books with in the TR1BuN1
Office.
Mrs. Slaughter testified that she say
the defendant put his head in al tn
door of Mr.. Falconer's office on Februar,
21st. He spoke to Mr.. Falconer, ant
went out; she could not say what h
said.
Mr.. Falconer was recalled and amons
other things denied the truthfulness o
Mr.. Michelson's testimony.
Mr.. Bronson testified that at 4 D. m.
February 23d, the temperature of Bis
marck was 80 degrees above.
A. N. Leslie testified that catgut wa,
not used in the TRIBUNE Office to bint
books with.
E. H. BLY, denied that he allowed valu
able papers to become scattered around
his ROOM.
Both sides rested at this point, anc
Mr.. Register proceeded to sum up thu
case for the state.
This afternoon the attorneys continued
their arguments to the jury.
From Wednesdays daily.I
In the district court this morning
States Attorney Register moved thu
trial of the State vs.. Benjamin Bixby
and Frederick Bixby. Mr.. Stoyell, who
appeared for the defendants, moved {
separate trial for the defendants. The
motion was granted. The trial of Ben
jamin F. Bixby was then proceeded with
A jury was empanelled, this work taking
a little over an hour and q half.
The case was opened by States At
torney Register, and he called as The
first witness, Mr.. E. S. Beardsley, who
testified substantially as follows: The
defendant was employed by him as clerk
of the Western house, and was in charge
as such clerk on April 18th, during the
evening and night. About the 7th 81
April, a man named Henry Herr depos-
tied a package Of money, consisting OF
S47O, with him, which packa4ge was placed
in a small drawer Of the safe. The safe
was locked by a brass key. This key
was kept in the money drawer of the
counter, and the witness and the defend
ant were the only parties who had a key
to this drawer. On the night Of the 14tt
of April, the money package was in tn,