The Dickinson press., 1895-06-22
Billings County Court.

Billings County Court.
MEDoRA, June 10, '95.-Court open.
ed today at l o'clock. Sheriff Pelis.
sier had been very fortunate in se-
curing jurymen, 80 Of the 80 summon.
ed having put in an appearance.
Mr.. Boucher made a statement to
the effect that he desired to withdraw
from the case of the State vs.. Roehm.
ION Saturday last he had. represented
to the court what he believed to be
the truth, that the father of the boy
had no money with which to employ
counsel and TIE court had assigned
him (Mr. Boucher) to defend the boy.
Since then he had found that the
boys father had retained and en-.
ployed another attorney.
Mr.. Bates said he had been spoken
to about the case. The father of the
boy was this morning in possession
of $50 which he was able to pay an
attorney, but refused to pay it. So
MI. Bates also wished to withdraw
from the case.
The defendants father was notified
by the court that his boys case would
be called next after the case Of Ed.
wards the burglar. and it would be
necessary, If the defendant needed an
attorney, for him to arrange for one.
The case of the State vs.. James Ed
wards for shooting at Geo. Myers and
others, after Edwards had stolen
some things from the house Of w. NJ.
Mcdonald, was proceeded with. All
the afternoon was taken in securing
a jury.
Medora, June 2O.-The case of the
State vs.. Edwards was resumed at
last evenings session, and again this
morning. The testimony showed that
the defendant entered the house of
NJ. w. Mcdonald on May lst last, stole
therefrom some razors and a rifle, and
when pursued, he drew the rifle and
fired at his pursuers.
The defendant went on the stand
and admitted that he did the shooting
as charged, except that he did it as a
bluff. The jury was out but a few
minutes and brought in a verdict of
guilty as charged. He was sentenced
to the penitentiary for three years.
In the Roehm case, the difficulties
between the lawyers were settled and
Messrs Boucher and Bates appeared
for the defendant. The boy this af.
ternoon withdrew his plea of not
guilty that had been entered, and
plead guilty instead. Time for pass
ing sentence was deferred for a few
days.
States Attorney Hughes then moved
the case of the State VS.. Marcus
Wadsworth. The defence was not
| ready to 20 to trial, but Attorney
Simpson said he desired some time to
consult with his client in regard to a
proposed change of venue to some
other county. MI. Simpson is doing
all he can to secure q change to Stark
county, as the best point at which to
have the trial, and has filed an atfida-
Wit calling for a change.
General Hughes said he was pre-.
pared to admit that it would be hard
to secure an impartial jury, and was
willing to concede that a change of
venue should be granted. But he op.
| posed the removal to Dickinson, as he
believed that a fair trial could not be
had in Stark county. While the de.
PENDANT resides in Billings county,
his social relations extend to Stark;
that a large number of people in
| Stark county are interested in the
case; prominent citizens of Stark
county have wired and worked for u
removal of the case to Dickinson
and he did not believe that Stark
county was the county in which it
| should be tried. He was willing to
have it removed to any county in the
district except Stark.
Mr.. Simpson resented the slur made
on Stark county and insisted that
something more than mere assor ton
was necessary before the court would
believe that a fair and impartial trial
could not be had in Stark county.
There must be afidavits presented,
and these could not be procured.
General Hughes denied that he had
| slurred Stark county or its people.
The defendants business and social
relations were there; the matter had
been fully discussed there, and the
papers there had published full ac-
counts of the alleged crime.
Mr.. Simpson objected to Morton
county. That was the one county he
objected to, as that county has already
had its share of cases of this kind.
Judge Winchester said he differed
from both of the attorneys. He had
found that court facilities in Medor.
had been ample, and juries had been
as able and competent as in any part
of the district. He thought Il good
jury could be obtained here. At the
same time if it is conceded on botll
sides, as it seems to- be. that a fair
trial cannot be had here, the court
would not assert its view. If the
plaintiff and defendant agree upon a
place of trial, the court would move
the cas to that place. If they could
not agree, he thought he would try
the case in Medora.
Further afidavits were submitted
on both sides, and the motion for a
change of venue was denied and the
case will be tried here beginning June
Goth.