Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1897-07-16
Tuosday:

On the opening OF court, COudOtte was
brought up for sentence. The time for
passing sentence was postponed to 2p.
m. of the same day.
A recess was taken to await the arrival
Of the Judge who had been called in.
At 1880 q. m. Judge o. E. sauter, of
the Seventh judicial district, who had
consented TO act in Judge Winchester 8
stead, arrived.
Affidavits asserting that in the opinion
of atlantis fair trial could be had in
Emmons county. ssid aflidayiss bsiug,
Eaigned ap1 sworn 70 by 81. a. Asnaaften9,
EH.GW. Allen, Edward BrsiidccE shd U.'
r. stSeeter, were presented and fled.
Judge Sauter denied the motion for a
change of venue.
Mr.. Stevens insisted that Judge Win
chester should have decided his motion.
and there was considerable discussion by
the attorneys of this and other motions
made by the defense.
At2o'clock p. m. Alec. Coudotte was
brought before Judge Winchester, who
sentenced the defendant to be hanged in
some Enclosure at or near the county Jail,
on Friday, Oct. %. 1897.
Previous to passing sentence, Judge
Winchester asked the usual questions as
| to whether the prisoner had anything to
say as to why sentence should not be
passed upon him. Coudotte said, through
the interpreter, Harry Mclaughlin, that
he was not guilty.
The prisoner showed remarkable nerve,
and there was neither flush nor quiver
on his part when he was informed by In
terpreter Mclaughlin as to the nature of
the sentence.
In the afternoon-with Judge Sauter
as the trial judge-an affidavit was filed
by the defendant in support of q motion
for continuance Of three days, in order to
give time to secure witnesses. A liet OF
witnesses was presented. by the affidavit,
which the defendant wanted. A counter
affidavit was presented by States Attor-
ney Armstrong to the effect that when
court adjourned four weeks ago Mr.
Stevens agreed to have all his witnesses
on hand: that an order of court was
issued to such witnesses to be here at a.
m. Of yesterday, and that large sum Of
money has been raised for the defense Of
George Defender.
The application for continuance was
denied, Judge Sauter stating that the pro-
cess of the court would be issued to bring
the necessary witnesses for the defense.
Mr.. Stevens tried to throw out the
special venire of jurymen on the ground
that Sheriff Shier was prejudiced. Mr..
shier was put on the stand and testified
that he had formed an opinion az to the
guilt Of the defendant, but he could sit
as juror if summoned and give fair
and impartial trial to the defendant.
Judge Sauter overruled the motion OF
Mr. Stevens and the case proceeded.
Hugh Stevenson was the first juror
called. He had no opinion as to the
guilt or innocence Of the defendant. He
would not believe an Indian as quick as a
white man. 40 he did not believe the
Indians had much regard for an oath.
The defense tried to get Mr.. Stevenson off,
but failed.
John Wilde had NO conscientious scru.
pies against the death penalty, but he
was let Of ss not being full citizen.
8. r Wright suited both sides. "a
Joseph Kalberer had prejudice agsinst
Indians, and was excused on motion Of
the defense.
]. II. Robinson was satisfactory.
Gus. Dafflnrud was excused because he
was the brother-in.lsw of Mr.. Lynn. ons
Of the attorneys for the defense.
i e. 9. Campbell had nolove for rlndisns,