Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1896-05-16
Circuit Court,


ceedings appearing in our last issue.
The case of the State Of South Dakota
VS.. John Sellers was resumed on Friday
morning, and occupy the a~ttentionsOf
the court during the entire day.
SATURDAY.
The trial of the case Of the State Of
South Dakota W.. John Sellers was re-
sumed and continued to occupied the
full time Of the court up 10 6 o'clock p.
M, when it was concluded and submit
ted to the jury, who, after a half hours
deliberation, and taking of one ballot,
returned a verdict of not guilty, where
upon the defendant was discharged.
Just before the noon recess, the grand
jury came into court and presented five
indictments, also reporting that in the
case ofthe State against j. L. Wight, no
bill was found.
arrest Of two of the defendants indicted,
and Hoiace &. Crofiord brought into
court and arraignsd under the indict-
ment found against him, charging him
with the murder Of John Nj. Taylor,
having up to this time been out on bail
awaiting trial under indictment for
manslaughter, as presented at the last
term of court. Plea withheld until 8
o'clock Monday morning.
MONDAY,
In the case of South Dakota VS.. Frel
Richardson, indicted for grand larceny
as also for breaking Jail, defendant was
brought into court and arraigned to
plead to the indictment charging him
with grand larceny, 10 which he plead
guilty, and was remanded to the custody
of the sheriff await sentence.
The case of Charles Miller VS.. Kendall
and Evans was called and judgment for
plaintiff, as all items set forth in the
complaint were lianeble.
The case of II. Merrifeld VS.. Kendall
and Evans was dismissed without pref
udice at cost Of plaintiff.
The case of Custer County VS.. +. NJ.
Tunley ct al. wal referred to W. G.
Porter, referee.
In the case of South Dakota VS.. II. j.
Orr, indicted for malicious mischief, the
defendant was brought into court and
duly arraigned, at which time the
omission Of a date in the indictment was
found, when the indictment was with
drawn and the defendant discharged.
In the case Of South Dakota VS.. Horace
G. Crofford, Indictment for murder, the
defendant appears in court and, by his
counsel, demands hat the state now
elect which Of the two indictments
found against him shall be tried; where
upon the state elects TO arraign the de-
to plead to the Indictment
charging him with murder. At this
defendant demurs to the indict-
nent, and moves the court to Quash.
overruled, and defendant there
lpon in open court pleads not guilty.
ihe trial then began and continued TO
the attention of the court up TO
he hour of adjournment. The counsel
n this case were Attorneys Benedict.
Reynolds and Mitchell for the state, and
.Iellar, Wood, Porter and Smith for the
TUESDAY.
The case of South Dakota VS.. Horace ]
!. Croford resumed, taking up the
zaassS. ssEts argF- eS \,
'ourt, and presented TWO indictments 7
md two no bills, also submitting Their
inal report, after which they were dis.
the court complimentisg them
lpon the prompt and able manner in
which they had disposed of the bust
less coming before them.
The case of the State against Horace
;. Crofford was resumed after the noon
'ecess taking up all the time ofthe court
the balance of the day.
WEDNESDAY.
The case of the State VS.. Horace c.
resumed and at 10 o'clock a. m.
defense rests the state also rests
ri hout introducing rebutting testimon
States Attorney Benedict opens argu-
to the jury, at the close Of which
counsel for defendant submit the case
without argument whereupon the court
delivers his charge to the jury and jury
is sent out to consider verdict. /
At $3.50 p. IN. the jury returns into
court asking further instructions which
are given by consent of counsel, and Jury
agin retires. At s;l5 p. m. II e jury re-
turns into court with a verdict of not
THURSDAY.
The case of the State vs.. II. J. Orr,
with the crime of malici Gus
mischief was brought and jury empanel
led. AT the close Of the testimony for
the state, the court, upon defendants
motion, advises the jury that a convic.
ton cannot be had upon the testimony
introduced by the state, and that a YER
dict Of not guilty would be the proper |
action in the premises. The jury there ,
fore files its verdict of not guilty, and
the defendant is discharged.
All petit jurors are now dis.
charged.
The case of Estelle McVey VS.. Charles
is now tried to the court, findings
Of fact, and conclusions Of law being
ssssrxsd. |
In the case of the State vs.. Fred
Richardson, who plead guilty to the
charge Of grand larceny, the defendant |
was brought into court and sentenced |
to one years imprisonment at hard
labor in the state prison at Sioux Falls,
In the case of Woed & Porter VI.
Alonzo Rice, ejcctment and injunction
proceedings, defendant il to be per-
mitted to complete the saving of the !
logs now at his saw mill site at Four
Mile, and then to remove his mill from !
that place.
Tta a,naa1 ~ Nr yu:y-- |