Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-06-14

PENDANT struck Dolan three times on the
head with the revolver.
William Mason testified that he saw
the defendant strike Dolan over the
head with a revolver.
The state then rested it's case.
Tuesday afternoon, in the case of the
State VS.. Gilmore, S. L. Barnes, for the
defense, testified that Dolan was the ag-
gressor. He was drunk and quarrelsome,
and threatened to "white-cap" the de-
PENDANT.
Nels White was there, and told what
he saw. He heard the remarks about
'white cap" and saw the defendant strike
Dolan with the revolver. The shot was
fired at the same time the revolver hit
Dolan's head. Witness did not see the
revolver till after Dolan and defendant
were clinched.
William h. Mckinney testified as to
Dolan's condition shortly before the
fracas. He considered him the worse for
liquor.
R. Taber testified to the dimensions
of the room in which the fracas &C.
CURED.
Il. Gilmore, the defendant, then took
the stand. He told his story at length,
and claimed that he acted solely in self
defense. Dolan approached him in a
threatening manner, and the defendant
pulled his revolver out and struck Dolan
twice on the head to protect himself.
The shot was fired involuntarily at the
moment the revolver struck Dolan's
head.
The defense then rested.
MI. Allen recalled several witnesses
in rebuttal. The defendant, in further
cross-examination, declined to answer
several questions put to him as to his
business, on the ground that by his an
swers he might incriminate himself.
The lawyers then addressed the iury.
and the judge delivered his charge. By
midnight the jury was wrestling with
the case.
Shortly before 9 o'clock Tuesday
the jury returned into court with a YER
dict of guilty as charged and with a
recommendation to mercy.
States Attorney Allen moved the case
OF the State vs.. Sven J.. Swenson and
Henry Anderson. This is a case under
the prohibition law. At noon ten Jury
men had been secured.
In the afternoon the jury was completed
in the case Of the State VS.. Swenson
ct al. and the case was opened.
Frank Donnelly was the first witness.
He testified that in July, 1893, he seized
a quantity of beer and whisky at the
Pacific house, some of which was pro-
duced in court. The witness tested the
whisky and beer in court.
w. P. Mofet came next. He said he
did not know anything about the case.
Could not tell whisky or beer when he
tasted them.
A. D. Gray knew that the Pacific hotel
was a place of resort for the sale of in
toxicating liquors in 1898 by reputation.
Mr.. Gray sampled the liquors produced
and pronounced them Intoxicating. In
the course of his examination he said
the best whisky is smooth and will make
the most fiddle with the least harmful
after effects.
Tuesday afternoon, in the case of the
State VS.. Swenson & Anderson, DR..
Smyth was presented by the state as an
expert, and sampled the liquor and beer
produced, pronouncing them whisky
and lager beer.
The state then rested, and witnesses
were called for the defense.
Henry Anderson claimed that the beer
produced was a ''tonic," and not intoxi-
eating, that one OF the bottles of whisky
belonged to Spitz and was for his per-
sonal use as a medicine, and the barrel
of whiskey belonged to the house, was a
relic of pre-prohibition days, and was
not being sold.
John Spitz gave corroborative testi-
mony.
The case = a submitted to the Jury
without argument on the part of the at
torneys, the judge delivered his charge,
and the jury, after being out fifteen min
utes, brought in a verdict of not guilty.
Wednesday. the case of the State vs..
w. 81. Leonard, was called. He is
charged with obtaining money under
false p%retences on March Both, by means
Of wolf bounties.
When court adjourned at noon eight
jurors had been secured.
Wednesday afternoon the jury was COM
pleted, and Nj. Moorhouse was the first
witness for the state. Before he gave
any testimony MI Register objected to
the introduction of any testimony, on
the ground that the facts stated in the
information do not constitute a public
ofense.
The witness testified that on March 80