Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-07-12
The Second Trial of MyrOn r. Kent
for Murder Begins Over in
Mandan Monday.
Attorney Hildreth Presents Affidavits
for Change from the Sixth
Judicial District.
The Argument of the Motion Con.
sumes the Entire First Day
of the Trial.
Kent's Second Trial.

The second trial of M. r. Kent, or w.
w. Pancoast, began in Mandan Tuesday.
Judge Mcconnell of the Fargo district
passed through on train No. 1 this
morning, as did also Attorneys Nye of
Minneapolis, who assists in the prosecu-
ton, and Hildreth of Fargo, for the
defense. Judge Mcconnell will try the
case, having been called in by Judge
Winchester, when the defense made ap-
plication for a new judge, in accord with
the ruling of the supreme court, which,
in granting new trial, held that the
calling in of another judge was manda-
tory, when requested by the defendant.
It is probable the trial of the case will
take some time, ,-and the securing of a
jury be a somewhat tedious operation,
as the case is pretty we'll known through
out the county, and it will require a
pretty close ransacking Of the county to
secure twelve men who will be accept
able to both sides of the case.
1t has been year and some months
now since the commission of the crime
for which Kent is to be again tried. His
partner, Swidensky. who has been in
Jail here the past winter, has been taken
to Mandan to testify in the case. Swi-
densky has not been tried yet, but it is
probable he will plead guilty, and be
sentenced as soon after the completion
of Kent's trial as possible
MOTION FOR CHANGE OF VENUE.
Tuesday morning when the case was
called Attorney Hildreth made motion
for change of venue from Morton
county and from the Sixth Judicial dis
trict. He based his application upon
what he considered the prejudice against
the defendant, in Morton county, and on
the part of some Of the officers of the
court Attorney Hildreth referred to the
Mandan Pioneer, st. Paul Globe and
Minneapolis Journal, for articles in
spired by the court stenographer, r. M.
Tuttle, to prove his prejudice against
the defendant. He also presented aft.
davits of T. e. Kennedy, George P.
Leayfall, Frank Wilder, John M. Wat.
son, F. G. Kline, Bernard Luecker, P. B.
Bristol, J. G. Creighton and Joseph
| Slavick, who testified to being residents
of Morton county, and to their belief
that Kent could not secure fair trial in
| Morton county. In addition, Kent him
self took the stand and was sworn. He
testified that the prejudice against him
in Morton county was intense. He tes-
titled also that several of the officers of
the court we're bitterly prejudiced
against him, especially the court stenog-
rapher, R. M. Tuttle, and the former
sheriff, George III. Bingenheimer. He said
that at his former trial there we're present
citizens from all parts of the county, and
! that the prejudice existed everywhere.
He told of his former trial, his trip back
from Colorado, when found by detectives,
) and other particulars of his case, in
cidentally, and upon the stand was cool,
calm and apparently unruffied by the
fact that he was about TO he again
placed on trial for his life.
OUT OF THE DISTRICT.
/; Myron r. Kent's second trial will not
occur in the Sixth Judicial district.
/! It he feared an unfair trial because OF
the prejudice Of the residents of Morton
county against him, be may calm him.
self now, for he will be removed, and bis
trial will take place out from among the
people, whom he claims to be prejudiced
| against him.
The case was fought all day in Man
dan Tuesday before Judge Mcconnell
on motion for change of venue. In
addition to the affidavits which were put
in as stated Tuesday, the defense put
Court Stenographer Tuttle on the stand
and endeavored to connect him with Ger.
| tain newspaper articles which annearad