The Dickinson press., 1896-05-09
District Court.

Court opened on Monday morning
at nine o'clock. The forenoon was
taken up with preliminary motions.
and court cases, the jury not having
been summoned to arrive prior to l
p. m. In the afternoon the case of
the State vs.. Horace Merrill, tor kill.
ing a Wibaux steer was proceeded
with. When court adjourned Mon.
day evening a jury had been secured.
The prosecution was conducted by
Messrs. Simpson and Burnett, Messrs.
Miller and Carpenter appeared for the
defense.
The first witness was Mr.. Lawless,
the foreman of the Wibaux ranch.
He testified to communication he had
had with witnesses Beck and Dennis
regarding the hide of a steer belong
ing to the Wibaux outfit.
Mr.. Sandercook. a constable living
in Montana near defendant, testified
that the hide produced was brought
to his ranch by witnesses Beck and
Dennis.
j. Ellinger testified that he went
with witness Beck in the winter. and
found the hide in question near the
fore quarters of beef that had been
butchered by the defendant.
Capt. Saunders testified to the loca.
ton of the Merrill ranch in Alfred
county.
Chas. Beck testified that he worked
for MI. Merrill, who sent him to
where a COW had been butchered, and
directed him to bring the beef into
the ranch. He told Beck not to look
ut the hide which was there, as it
was there to attract wolves. But he
did look at the hide and it was
branded w bar.
The witness got considerably rat.
tied on the stand. He admitted on
cross examination that his real nam 9
was not Beck and it was some time
before he was willing to tell what his
parents names were. He was brought
to his senses by being committed to
Jail for refusing to answer questions,
and after that he behaved himself
better. He testified that his parents
names were Bradfeld. He left home
when a kid, and did not know wheth.
er his parents were dead or alive.
When asked what his fathers name
was, he played smart, and said that
it was a hard thing for him to say
who was his father. Mr.. Miller asked
if he meant any reflection on his
mother by such a remark, and then
the witness tried to hedge.
Chas. Dennis gave evidence corrob.
orative of that of Beck in many par.
ticulars.
This ended the case for the state.
Mr.. Miller, in outlining the evidence
for the defense, said that the whole
affair was a conspiracy or the part of
the witnesses Beck and Dennis to get
a reward of $500 from Wibaux; that
the defendant actually killed a heifer
of his own. and that Dennis and Beck
changed hides on him, substituting a
Wibaux hide for a Merrill hide. and
thought that thereby they might get
the reward. Several witnesses were
called from Glendive testifying to
the excellent character and reruta.
tion Of defendant. These witnesses
were the sheriff of Dawson county,
j. S. Day. a cattleman, and Cashier
Butler of the Merchants bank. The
defendant then took the stand him.
self, and he was still on the stand
when court adjourned on Wednesday
evening, .....
Thursday was taken up in direct
and cross.examination of Mr.. Merrill.
Mr.. Merrill made a good witness.
MI. Kenzie and Mr.. Covey were
witnesses on the stand Friday fore.
noon for the defendant.
1t is likely that The case will be
ready for the jury some time to-day.
1t looks as though it would take all
of next week to finish the calendar.
The Rand case will take considera:
ble time and there r one or Two
other important cases.
In the district court this week, the
case of mclaughlin vs.. o. E. Leh'
micke was put over the term. II
will probably be settled.
In the ease of p. Cuskelly vs.. Clas
Shafer, judgment has been entered.
The case of A. G. McGillivray VS.
w. E. Rogers. was put over the term
The case of j. S. Dunlap VS.. Krautt
& LeutZ was settled.
Judgment has been entered in the
case of Daniel Robinson vs.. w. w
Beasley.
In the case of Jennie Pierson VS.
w. d. Livingston, R. M. futile wa
appointed referee.
The case of w. E. Rogers vs.. A. c
McGilllvray vas referred to A. p
Folsome.
Eddie Olson plead guilty to
charge of burglary and was sent tt
the reform school:
b. F. Thompson plead guilty t.
driving cattle from their accustomed
range with Manskin and was com.
mitted to Jail for 80 days.
JURORS IN MERRILL CASE.
E. w. Kittcll, Knute Knutson, Patrick Nc
Ginley, J.J. BARLEY, Daniel Brew, Jas. Carney
j. T. Budda, Gideon Henderson, Mike Hanley
Edward George, Andrew Jopp, B. F. Fowler.
John Ballard branded cattle for hi
| ranch thia woak