Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-11-29
Defense and State Exercising a Con.
siderable Number Of Peremp-
tories in Excusing Them.
Original Panel Exhausted, and Several
Special Venires Used Up
by the Counsel.
The Jury Secured Wednesday and the
Evidence in the Case Now
Being Taken.
District Court.

Inc nrST case called WAS That
of the State VS.. Marcus Wadsworth,
charged with the murder of Ed Severson
near Medora about IA year ago. The
case was set originally for November 20,
but at that time it was postponed to
November 26. at 8 O'Clock.
The principal in the case, Marcus
Wadsworth. and his wife are in the city,
having been here fora week or so, at the
residence of G.. e. Wentworth. W. S.
Hammond. of Minnesota, who is attor-
ney for Wadsworth, has also been here
for a week or so, as we'll as l.. A. Simp-
son Of Dickinson. who is another OF the
attorneys for the defense. III. w. Wads-
worth of Medelia, Mimi, a brother of
the accused, arrived from the east Sun
day morning, and will be here during
the progress of the case.
Sheriff p. j. Pelcssier and Deputy W.
J.Reid came from Medora Monday morn
ing, bringing another Of the principal
actors in the case, Fred Roehm, who is
the principal witness Of the prosecution.
Roehm is a rather understood boy, about
16 years of age, smooth faced, and hardly
looking the cold blooded assassin, which
his own confession makes him out. His
face is pale from his long confinement,
and his position in the matter does not
appear to worry him particularly. He
b.c .1,n,l1, ,1n,lnJ or,;1f>- tn p,,,r]or
and his sentence is in allegiance until the
other cases are disposed Of.
General Alexander Hughes will CON
duct the prosecution of the case. and
will be assisted in the trial by Attorney
w. p. Miller of Fargo, assistant United
States district attorney, and one Of the
experienced criminal lawyers of the state.
General Hughes health is not of the
best, and he does not feel able to under
take the work Of the trial unassisted.
Tuesday morning the district court
opened at 10 O'Clock.
James Carney and Harry Hungerford
pleaded guilty to informations filed
against them for escaping from the peni-
Tertiary. Sentence will be passed later.
John Carroll pleaded not guilty to a
charge of stealing harness and blankets.
The cases against w. H. Leonard were
continued over the term. Mr.. Allen said
that he had intended to dismiss these
cases, but as he saw by the papers that
Leonard was going to try to secure a
pardon, he (Mr. Allen deemed it we'll to
not dismiss the cases now pending.
THE WADsWORTH CASE.
The case of the State VS.. Marcus
Wadsworth was then called. Mr.. Wads-
worth is a Billings county citizen,
charged with the murder of Ed Sever
son, near Medora, in December last.
Alex Hughes and w. P. Miller APP
peared to prosecute, and W. S. Ham
mand, L. A. Simpson and N. F. Boucher
appeared for the defendant.
Captain John Belk was the first Juror
called. He did not know any of the
parties; knew nothing about the case
except what he had read in the TRIB-
UNE: had neither expressed nor formed
an opinion as to the guilt or innocence
of the defendant. Both sides passed
for cause.
John Nordstrum was excused from
service as a juror because of rheuma-
tism.
Frank d. Andrews had read the ac-
count of the ]coroner's inquest, and had
seen various papers. He had no opinion
as to the guilt or innocence of the de-
PENDANT.
Ole Olson vas excused because of not
sufficient acquaintance with the English
language to sit as a juror.
H. 0. Gle had heard nothing of the
case, and would decide it according to
his conscience, Notwithstanding the in
structions of the court as to the law.
He was excused on a challenge by the
defense for actual bias.
NJ. w. Hutchinson was passed by both
sides, he having no opinion one way or
the other.
N. N. Gorsuch, H. L. Reade, B. A.
Schwab, Pat Moran, Frank Durette and
David johnson had no opinions on the
case and we're passed by both sides.
John Hooper was excused because of
being postmaster at Croft.
William A. Buchanan was excused be-
cused because Of a conscientious scruple
he had against the death penalty.
Court took a recess to 2 p. m.
This afternoon court resumed at 2
o'clock.
Victor Coleman and John Fryklund
were excused because they had not taken
out their second papers.
Gus w Iohnson. Harvey Smith and