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

ASSAULT Will 1lGonC TO mann William j.
Fraleigh. The last juryman was secured
at 6 o'clock.
Friday morning the first witness forthe
state was R. r. Marsh, who testified that
ne washed VIM. J. Fraleigh after the
assault upon him on February 10th.
The witness described in detail the CON
ditlon of Fraleigh's eyes from the lime
that had been put in them, and the con-
dition of his back.
Chas. A. Bentley said he was in
Thistlethwaite's place on the day in
question, when Evans told him that he,
Evans, was a bad man.
Ed Conway said after the assault on
Fraleigh he saw some lime on Evans
shoes.
Emil Fromme testified to the condition
of F%raleigh's eyes and back.
@. H. Albertson gave similar testimony
to that given on the Beech trial, as did
Hugo Salberg. The last named witness
went in full detail into the occurrences
of the night of the assault, and stated
that Evans piled the whip and applied
the lime to the unlucky Fraleigh.
This witness had concluded his testi-
mony when court adjourned at - O'Clock.
Friday afternoon DR.. Bentley testified
to the horrible condition of Mr.. Fra
leigh's eyes after the assault, and said
that he most certainly would have lost
his sight in one eye if he had not had
proper treatment.
F. R. Little testified to the assault,
and claimed that Evans put the lime on
Fraleigh. The witness was subjected to
a long oross-examination, but there was
no development in his testimony differ
ing from that given in the case against
Beech.
The clothes worn by Mr.. Fraleigh
when the assault was committed were
put IN evidence.
G. NJ. Barnes told his connection with
the arrest OF the parties implicated in
the assault.
Friday afternoon IN the trial of the
case of the State vs.. Mason S. Evans,
William j. Fraleigh was the last witness.
He testified to the beating he received
on February 10, and the lime that was
put in his eyes at that time. The state
then rested, and Mr.. Boucher outlined
the defense. The defendant then took
the stand in his own behalf. He told his
story about as he had told it in the
Beech case. He admitted having done
the whipping of Fraleigh, but claimed
that it was Little who put the lime on
Fraleigh's head. He was being cross
examined when court adjourned at 6:15
p. m.
On Saturday the cross-examination of
the defendant proceeded. His testimony
did not vary in any important particular
from that given in the trial of Mills
Beech.
The attorneys then proceeded to ad-
dress the jury, and the Judge delivered
his charge. The jury retired at IL m.
As the TRIBUNE goes to press the
Evans jury is still out.
Saturday afternoon F r. Little, Hugo
Solberg and Luther Cakes were arraign-
ed on the charge of assault with intent
to commit a felony. They all pleaded
not guilty. Mr.. Boucher appeared for
the defendants, Little and Solberg, and
John Stoyell for Cakes. The states
attorney said he would not be able to
call the cases against Little and Solberg
before next Thursday.
Young Gottlieb Huber had a hearing
this afternoon OF an application to send
him to the Reform school. He has evil
IDENTIFY been a bad boy, but did not relish
the idea of being sent to a reformatory.
In the district court on Saturday night
the jury in the Evans case found the de-
PENDANT guilty of assault.
Monda morning State'sAttorney Alleny
moved the case of the State VS.. Harry
Gilmore. This defendant was charged
with assault with a deadly weapon with
intent to do %grievous bodily harm on
William Dolan. Mr.. Register appeared
for the defense.
By noon the jury had been completed
and the states attorney opened the case.
This afternoon William j. Dolan de-
scribed the attack made on him by the
defendant, who fred first and then
struck him over the head three times
with a revolver.
On cross-examination the witness ad-
mitted that he had been drinking before
going into Gilmore's place, and did not
know very much of what was going on
there at the time.
On redirect. the witness admitted that
he had stated to States Attorney Allen
that he wanted to let up on the defend
ant, or words to that effect.
Duncan McGillis testified to, arresting
the defendant. Had to smash the door
of his room in to get at him.
The pistol produced was offered in