The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1895-08-10
The trial is fast drawing to a close,

The trial IL fast drawing to a close,
and will probably be submitted to the
jury by Monday night. The last wit
ness was sworn shortly before 4
o'clock. and as he was excused from
the stand Il sigh of relief went up
from all who have been identified with
the case for the past three weeks. A
, night session was held this evening,
and the opening argument for the
state was made by Attorney Noss of
Morton county. Attorneys Hildreth
and MISUNDERSTANDING and Attorney
| Campbell of Mandan will address the
jury on behalf of the defendant, and
| Attorney Nye will close. Mr.. Nye's
| reputation as a brilliant pleader has
, preceded him here. and the court room
| will be crowded on Monday. Mi.
Nye's conduct throughout the entire
case has been consistent with the cir
c~umstances, and he has lost no friends
here by the treatment of Attorney
Hildreth. When court convened TINS
afternoon the defense asked perlnls-
sion to recall Swedensky for further
cross-examination. which was DENIED
by the court. DR.. Carpenter testllled
to prescribing a nerve tonic Tor Swe-
densky since his confinement In the
Cass county Jail. The defense II
rested. Mr.. Hankey and Mrs. Jones
were called in rebuttal. and the testl-
mony in the case was closed.
Fargo. n. D., Aug. 3.-The attorneys
for the defense in the Kent case
dropped a bomb in the ranks OF the
prosecution when court convened MS
morning. The argument by the sta1e
was made at the evening session ny
Attorney Voos, and when court opened
to-day Attorney Hildreth stated the
defense were willing to submit their
case on the argument already MADE,
and objected to any further argunient
in the case. The court ordered that
the pleas proceed, but the defendant
attorney declined to talk at all. Inc
statute of the state provides that when
the evidence is concluded, unless the
case is submitted to the jury on either
side. or both sides, without argument,
the counsel for the state h COM
mence and the defendant or his coun-
sci shall follow; then the counsel for
the state shall conclude the argument
to the jury. The contention OF the de-
Tense is that the case of the state mas
already been stated in the plea or AT
torney Voss, and that the close by the
state is held in law to be a reply to the
plea of the attorneys for the defense
and that if no argument is made ny
them, no reply can be made by the
state. The prosecution, on the other
hand, contend that while the defense
may waive their right to argument,
they cannot preclude the state from
their close. The position taken by the
defense took the court entirely by sur
prise and an adjournment was aiken
until 2 o'clock, at which time a ruling.
will be made. In case the court holds
in favor Of the defendant it will shut
out the argument Of Attorney Nye en-
tirely.
LATER.
Judge Mcconnell this afternoon
overruled the motion to submit the
case without further arguments, and
Judge Barnett gave notice of defend
ants desire to be heard. Attorney
Campbell Of Mandan opened for he
defense.
Attorney Campbell and Judge Bar
nett completed their argument this
afternoon. Attorney Hildreth is ad-
dressing the jury this evening, and
Attorney Nye will speak on Monday.
The case will go to the jury on Mon
day night.