The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1895-03-23

Williams county, residing at Williston, is
here on court business and has a familiar
appearance. !. II. Bosard. of Grand
Forks, is also here and will assist the
States Attorney on some Of his cases.
This will make matters doubly interest
beng the best trial lawyer in the state.
Major Maglone-the only and irrepressi-
ble-is also among us and will doubtless
be heard from.
~ TUESDAY A. NJ.
Court opened at 9 a. m. First case on
the docket was that of Benjamin Pagels.
charged with the homicide of one Ernest
Henneger This case will be remembered
by all the readers of the PIONEER, but a
brief resume may not be out Of place.
Pagels and Henneger were n%eighbors and
lived near Fish Lake, but there seems to
have lacked that n%eighborly feeling which
should exist. In fact, the men had
quarreled and Henneger. who was a large.
to"StAui ASiIo", q vi ohC oSSooiou,
fallen upon and severely mauled Mr..
Pagels, who is quite small and weak.
Not long after this, the shooting wasdone,
Pagels claiming that Henneger was about
to repeat the former dose and was pre-
vented only by cold lead. AS he is the
only living witness of the deed, the evil
dence for the prosecution will be largely
circumstantial AS the case develops, we
shall give details.
Pagels was asked if he had an attorney
and upon getting a negative reply, &C
companied by the statement that he had
no money to pay one, the Judge appointed
V. r. Noble to defend him. Mr.. Noble
showed his nobility Of heart as we'll as
name by accepting what must be a most
onerous position, and will undoubtedly
defend most vigorously. AS the defence
was not prepared, the case was continued.
TUESDAY P. W..
much interest has been felt in the case
of the State versus William Collins, in
which the defendant was last year found
guilty of embezzlement, but an appeal to
the Supreme court secured a new trial
and the case was called at this time.
Silence that could be felt prevailed in the
room when the States Attorney rose to
his feet, and when in a short and concise
address he moved for a dismissal, every
taxpayer in the room felt relieved. Had
the case been tried again, there is little
doubt an acquittal would lave resulted,
and had it been otherwise, no one would
have been a gamer by it, while a great
burden would have been laid on the
county. Wills friends-and their name
is legion-are rejoicing as much as they
we're formerly downcast. AS there were
no other cases ready. court adjourned
until Thursday.
THURSDAY A. M.
Judge Cachrane came up on Wednes-
days train to look after the elevator tax
cases, but returned the next morning,
having secured a continuance till the next
term of court. Tie efStffe forenoon was
spent in making a start toward securing a
jury in the Pagels case, and a number
were excused on peremptory challenge.
When the noon hour arrived and the call
of the dinner bell smote the Courts
tympanum. a start had scarcely been
made, and the indications were for a pro-
longed struggle.
THURSDAY P. NJ.
Just before six o'clock, and when it
seemed as ~if.court must adjourn without
comI letting the panel, twelve good men
and true were secured as jurors to try
what will be an historic case in the annals
of Bottineau county. Those men are as
follows: James Graham. Robert Nichol.
Lev Mellon, Andrew Fulwiler, VIM.
Ryers, Robt Auld, Anton Svensrud, Geo.
Capes, Jno. Mccain, David Clark, Jno
Gardner, Jno. WEIGH. Court then ad-
journed till 7:3o. p. m.
THURSDAY EVENING.
When court convened for the evening
session, it transpired that Mr.. Svensrud
was DESTROYS of leaving the jury, and an
agreement had been reached whereby he
was excused. After some trouble, his
place was filled by Henry Archer. of
Willow City.
Public expectation was at its height
when N. A. Stewart, who seems to be
assisting the prosecution, rose to address
the jury with a summary of the case and
a stateme t of what the state. expected to
prove. The first witness called was