Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1895-04-19

lOr inc position he LOOK IN the case OF
the State of North Dakota vs.. Fred H.
Cotton, charged with seduction under
promise of marriage, which resulted in
the defendant being compelled to marry
his victim.
On February 6, 1904, the editor OF
the Record received letter couched in
the vilest of vile language, rejecting on
the character of his wife. Shortly after
ward he received another anonymous
letter of the same purport, but written
by man who had been postmaster IN
another state, and who knew that any
thing could be sent through the mails.
without danger, provided no obscene
words were used.
When the first vile letter was received,
there were two courses open. One was,
to destroy 1t and say nothing about it;
authorities, together with whatever Of
evidence had been secured. The latter
course was taken, and the letter, together
with ether specimens of the defendant s
handwriting, turned over to Inspector
Clement. Mrs. Dickson Was arrested
and taken before U. 3. Commissioner
Hoskins, at Bismarck, who held her to
the grand jury at the Fargo term.
During the first days examination be-
fore the commissioner the defendant
swore that she did not know who wrote
the letter, and that she knew nothing Of
the matter whatever. On the second
days examination she swore that she had
| directed the envelope for r. H. This
tlethwaite. Her sworn statement was
taken down in writing and signed by
defendant At the examination MT.
Stoyell, attorney for defendant, stated
that he could prove by two or three Bis
marck business men that tine letter was
in the handwriting Of r. H. Thistleth-
waite, who WAS then in England
The defendant was indicted by the
granG jury at the Fargo term; but, when
the case was called, she, through her
attorneys, asked that the case be sent
over to the Bismarck term in order that
she might procure witnesses to prove
that u certain man wrote the letter. THIS
requesrwas granted.
Bismarck term, whercupon DR.. Harceurt
came into court and stated that defendant
was encelnte and could not appear i'll
court. DR.. Bentley was then sent by the
court to see the defendant, and be re.
ported that she was somewhat nervous,
but that she would be able to come into
court at the end of twenty-four hours
Other cases then came on, and the
postoff1cc case was not reached until last
Saturday forenoon.
w. P. Miller, Assistant U. s. Attorney,
appeared for the prosecution, and ex.
Attorney General Standish for the de.
fendant: Postmaster Yea,er was sworn
as to the fact of the letter passing
through the Office, and D. r. Streetcr as
10 its receipt. Mrs. ID. r. Streeter and
Mrs. w. L. Yeater testified as to seeing
defendant write in the formers album,
and that they believed the handwriting
OF the letter to be that of defendant.
Commissioner Hoskins and Inspector
Clement testified US to- matters connected
with the examination before the COM
missioner. Mrs. Dickson was then pu,
on the stand by the defense and testified
that she had not written the letter or the
envelopej that her sworn statement be
fore the commissioner was untrue, and
that she had been prevailed upon by hel
| IOAuAel otIO!uoy' Mi. otofell, 70 swear
that she had addressed the envelope, and
that he had informed her that she would
have to do SO 10 clear herself
r. H. Thistlethwaite was put on the
stand by the prosecution and denied the
sworn statement of the defendant before
the commissioner:
Attorney stoyell was also put on the
stand by the prosecution, and denied
that he had suborned the defendant to
commit perjury IN her examination be-
fore the commissioner.
There were several specimens Of the
defendants handwriting in the hands of
the prosecutions; but it seems that in
United States courts such writing canno,
Furthermore, the album was the only
specimen that defendant had written in
the presence of witnesses for the prose
cution, and the album, the letter and the
envelope were all that could be pre-
sented to the jury; and the writing in the
album showed slight difference in some
respects from the writing in the letter
The defense put on the stand Messrs
Montgomery, Newton and Boucher, who
stated that they did not believe the letter
and the paragraph In the album were
written by the same person. AS has just
been stated, other letters written by the
| ue1cQ0aOC COu.u not De OueTtu III eVl
dence.
In summing up, Mr.. Miller, for the
government, claimed that the case was
made out because the defendant had be.
fore sworn to and signed statement in
which she admitted to addressing the en-.
velope; that if she addressed the envelope
she wrote the letter, and that 1t was
reasonable for the jury to infer that il
she wrote the letter and envelope, she
either mailed 1T or caused it to be mailed
Furthermore, that 1t was probable that
knowing she had written the letter.
defendant when afterward asked to write
in the album, had disguised her hand Is
much as she could, which accounted fol
few of the letters in the album para.
graph being different from the same
letters as written in the letter. He also
claimed that when defendant admitted
that she wrote the address on the envel.
Ope she told the truth, and that, If she
was innocent, neither Mr.. Stoyell mol
any one else could have gotten her tc
swear falsely that she did write thu
address,
Gen. Standish, for defendant, took the
ground that defendant had been misled
by her former counsel; that. IS she wa.
on friendly terms with Mr.. and Mrs
Strceter when the letter was written
there was no motive; that she was an
ignorant woman; that the evidence she
had given before the commissioner wal
false, and that her evidence before the
court was true.
When the jury had been called. the
prosecuting witnesses were not satisfied
to have Mr.. Braithwaite, of Bismarck. OF
the Jury, as he was on defendants bond