Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1896-05-09
Circuit Court,


circuit court convened in this city on
Tuesday, the 9th inst, Hon. William
Gardner presiding.
After the formal opening of the court
the day was devoted to the usual routine
of business. the calling of the calendar,
empsnnelling Of %juries, etc.
The following cases, upon the motion
Of States Attorney Benedict, in open
court, were dismissed from the criminal
calendar:
State VS.. William Challis; State vs..
Daniel Pool State vs.. NJ. A. Blachley /;
State VS.. Alvin Herbert.
Case of State vs. II. c. Crofford was
called. and defendant gave notice of
motion for continuance. Case set for
trial on Thursday, May eth, subject to
motion for continuance.
Cases on the civil calendar were act
for trial as follows:
Clarence National Bank vs.. Allen W.
Carey, and f. =. Kirkendail & Co. VS.. j.
w. Mcmillan, May 6.
Custer County VS.. b. NJ. Tunley ct. al,
and ". +. HOLSTER vs.. L. V. Gariock.
May 8.
The following court cases were set for
trial Immediately following the trial of
jury cases:
Charles Miller VS.. Kendall and Evans;
Estelle McVey vs. Charles Reder; Har
rison Merrifeld vs.. Kendall and Evans;
C. NJ. Cook VS.. William and George
Brongh; A. NJ. Willard, sheriff, vs.. oss.
ter County.
The cases Of Ernest II. Smith vs..
Custer County, and John Il. Daily VS..
Joseph Major were dismissed by slip
ulation.
The case OF Israel Calkins VS.. /. W.
Perkins, to be tried to the court, but net
called before May IL.
The case of NJ. j. Bailey Co. VS.. 7. w.
Harris, in which a new trial had been
granted, was ordered placed upon the
calendar, the defendant having dis
missed his appeal to the supreme court.
Plaintiff gave notice of motion to con
tinue over the term.
The cases Of Kellogg and Stearns W..
Custer county Tollerton and Sietson
Co. vs.. p. f., Mcmahon. and Bernard
Mullen We. Isaac Demons were coEtin-
ued over term by consent.
The grand jury was sworn and, charg-
ed. Following is a list of the namss
comprising the panel? NJ. J. Bailey,
foreman, M. A. Willis, J. L. Pitcher, A.
j. Jones, William Nevin, r. V. Garlock,
Jas. Ellepson and john Eggsnberger.
WEDNESDAY.
Upon special v%enire, the following
petit jurors were summoned TO complete
regular panel? Samuel Moore, G. w.
Pitcher, Ii. J. Demorest, William Fisher,
Charles Reder, G.. w. Robbins, w. A.
Fish, AL. Craig, James Ulton, and w.
ii. Barnett.
Motion for continuance in the case
State of South Dakota VS.. Horace &.
.rofford, was argued on afiidayits filed
by the defendant and upon counter afi-
fled by the state. The court re-
his ruling, granting the defense
until Monday morning, next, to secure
witness, James Kenzie, or his deposi.
ion.
Grand jury came into coup II pre-
ented indictment No. /, q tn vfth ghe
.sa... os south, Dalela VS.. B..rs
Plea OF not guilty entered
The grand jury further r. reported that
in the cases against August Sandberg
and Richard Boiler no bills were found.
The case Of Henry Schenk VS.. William
was tried to court, jury
being waived, and case settled during
recess, as was also the case of Henry
Schenk vs.. William Rosenbaum and A.
I. Feay, the parties to the suits each
their " costs.
THURSDAY.
The case Of the State of South Dakota
VS.. John Sellers, indicted for murder,
was brought on for trial, Attorneys
Benedict, Parker and Smith for the
prosecution, and Wood & Porter for the
defense. After sixty-one jurors had
been summoned and examined, a full
panel was secured at $3.50 o'clock p. m.
Four witnesses were examined in behalf
of the state up to the time of the ad.
journment Of court. !