Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-05-18

pdIdlyAeu, anu WOulu mo eat any KIND
o. food, and they died from disease, and
not from ill treatment or lack OF food.
MORNING SESSION.
This morning Mr.. Wogan detailed at
length the trials he had had with his
cattle; how during the winter he had fed
seventeen head, using twenty-seven tons
OF hay, seventeen tons of straw, and a
quantity Of oats and corn. He insisted
that the lows that died, did not suffer
from q lack Of food, as sworn to by Mr..
Ireacy, but from indieposition caused
by a change from a liberal diet of winter
food, to the kind of diet which animals
get in the herd.
In cross-examination the witness said
he was a minister of the Free Baptist
church; also, he was q lawyer by pro-
fession. The cows involved in this case
were mortgaged at the time they died.
Mrs. Wood testified that the cattle
looked we'll, as she saw them pass to the
barn.
Darius Johnson, Mrs. Wogan's father,
and a veterinarian Of 40 years expert
ence, testified that the cattle in question
were affected primarily by hollow horn,
which ultimately brought on paralysis OF
the hind limbs. He insisted that they
had an abundance OF food, but upon
cross.examination he showed that he did
not know much about adipose tissue.
AFTERNOON SESSION.
In the afternoon Mrs. Wogan testified
that the cattle had an abundance Of food
all during the winter; the corral was
dry and clean where the two COWS lay,
and the animals we're we'll cared for.
The defense here rested its case, and
the prosecution called DR.. Treacy in re.
buttal. The witness stated that there is
no disease known as hollow horn in cat
tie. 1t was an old superstition that went
with the old idea of "wolf in the tail"
Messrs. jaeger and Laist testified to the
filthy condition of the yard where the
cows were.
Mrs. Bartholomew also testified in the
same line.
The state then rested, and Mr.. Stevens
opened the case to the jury on behalf of
the state.
OTHER CASES.
In the case of the State VS.. Allen, the
court denied the motion to set aside the
information. The defendant this morn.
ing demurred to the information, and
the demurrer was overruled. The de-
PENDANT then pleaded not guilty.
[. The case of the State We. White was
continued till tomorrow morning, at
which time the defendant will plead.
The Bixbys we're brought into court
this morning, and pleaded not guilty.
From thursdays Daily!
Yesterday afternoon the ATTORNEYS
concluded their addresses in the
Wogan case. Judge Winchester de-.
livered his charge, and the jury retired
They were out about an hour, when they
returned into court with a verdict Of
guilty.
THIS MORNING.
This morning John l.. White pleaded
guilty to the information charging him
with illegal voting.
Mr.. Philbrick appeared for the de.
PENDANT, and stated what he regarded az
being mitigating circumstances. He said
that Whites vote en- election day was
solicited earnestly by both sides. He
would rather not have voted, but the
solicitation was very earnest. The mat
ter, before he voted, was brought to his
attention that he had been convicted Of a
felony and could not vote. On the other
hand, it was represented to the defend.
ant that some years ago Judge Francis
ruled that a man who had been con
victed Of a felony, could vote. That was
prior to the adoption of the state consti.
tuition. Besides this, the defendant had
an idea that when q convict gained good
time, the good time stood in the shape Of
an executive pardon. This idea pre-.
vailed in Bismarck, and Mr.. White
shared it with other people. .
Mr.. Register said he was informed
that other ex-convicts were in the habit
of voting, and desired to have it decided
now, once for all, that an ex-convict,
whose civil rights have not been re-
stored by pardon, cannot vote.
In the discussion, it transpired that
the section under which the information
was filed, provided that the offense
should be committed knowingly" The
defendant stated he did not know he was
not illegal voter; he thought he had a
right to vote.
The matter was postponed till to-mor-
row morning at $50.
The sentencing of Wogan was post
poned till tomorrow morning.
THE ALLEN CASE.
Tho case Of the State Va. e. s. Allen
was moved. Mr.. Standish assisted Mr..
Register to prosecute, and Messrs
Boucher & Philbrick and r. N. Stevens
appeared for the defense. The attorneys