The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1896-03-06
PEMBINA, n. d, FRIDAY. .A1ARCH g. 1896.

The defendant appeared by his
counsel, I'D. Stack, w. j. Kneeshaw
and John Cochrane Of Grand Forks.
The latter did most of the manage
ment of the case in court. He stated
that the counsel for the defence ap-
peared only Especially" as they de-
MED the Jurisdiction of the court, on
several grounds, 10 that the case was
wrongly entitled, the verifications In
sufficient, charges indefinite and not
specific: charges were insufficient, the
defendant had never been indicted,
no allegation that defendant was an
officer, papers did not show jurisdic-
tiun Of court, etc, etc. Mr.. Cochrane
spent over two hours in going over
these objections to the consideration
of the case and then Mr.. Kneeshaw
talked about half an hour on the same
line.
Mr.. Young answered and the mat
ter was left over until morning.
The discussion was continued in
various forms the next forenoon, and
propositions for a stipulated case to
be submitted to the supreme court,
were made by defendants counsel. A
part Of the discussion was made in
private between the defendants
counsel and the states attorney and
the committee, Messrs. Gordon and
Myrick.
1t seems evident from the argu-
ment OF counsel and the suggestions
Of the court, that the method of pro-
cedure, under the statute, is quite
dubious and bnt little light is thrown
upon it by decisions, as They are some
what contradictory, and hence there
Was a desire that certain questions Ue
decided by the supreme court before
the case came to trial ON it's merits
and facts.
Incidentally on Tuesday morning.
Attorney Young gave the jailor, Mr..
Morden, over the shoulders of Sheriff
McCabe, a rich brown roast. declaring
that he had been hiudered
and obstructed in the prosecution OF
Cases for the state by the jailor, until
he felt it would he more seemly for
him to resign his Office than to at
tempt to prosecute at another crimin-
al term. MIR. Young then said to the
judge, that the court must have TAX
Ell judicial notice of these irregulari-
ties in terms Of court past, and could
judge for himself il he were not right
IN calllng for action III this cast,
promptly and fully. = s'--ea-@
Judge Sauter said chat he had taken
notice Of such irregularities and said
to the counsel for the defense that it
Is fact and not q theory that con.
fronts Us. The real question in this
case this time was whether the sher-
lit shall be suspep pded. He was some
what in doubt as to his power. The
statute was not 3 lear IN many things,
and il the partieS could come to any
agreement as to submitting che mat.
ters to the supreh be court, and as to
other things, he would be satisfied.
After more cons sultation the matter
was fixed up partially. 1t was agreed
that the Judge should over.rule most
of the objections and a stipulated
case be sent to the supreme court, but
meantime however, it was also stipu-
lated that Mr.. Morden should resign
as jailor and Mr.. McCabe appoint a
new man.
This is only a brief statement of
the affair and we have to generalize
many particulars. Much of this work
was done in private consultation out
of the court room, and the final agree
ments may or may not be actually
carried out, as much Of the whole
matter will have to be reviewed aud
put in form of stipulation for the su-
preme court decision.
Judge Sauter thinks he will be here
on April 7th, again and the case will
probably come up at that time before
being sent TO the supreme court. 1t
was thought that the decision from
the supreme court could be gotten
through at,once, SO that it would not
delay the final trial on the merits of
the case more than three or four
weeks.
1t has been quite difficult for the
reporter to sift out from the mass of
technicalities and propositions that
were brought up, a clear and intelli.
gent review of the proceedings, but
we may say say briefly, in conclusion,
that the work SO far; has been on pre-
liminarY questions and that the real
merits Of the case were hardly touch.
ed upon; and, even II the present
method Of procedure should be entire