The Dickinson press., 1898-11-19
District Court.

lllS anu InlSueO wednesday.
The State VS.. Henry Welding, charge
of forgery. was put overs term, defendant
not being at hand. The State VS.. John
Smith, VIM. Weston. Ed. Miller and Ed.
Meador were cases. put over OF similar
grounds. In the case Of State VS.. Her
man Becker it was reported that both
the prosecuting witness, Billy Hayes,
and defendant were missing.
A.. c. McGillivray VS.. G. H. Wiley is a
referee case which had been interrupted
by the death Of r. J. Christie. The
court continued it 90 days. James G.
Saunders referee
The Burnett case was not moved and
it was understood that the prosecution
did not care to move it.
Whitman, Barnes & Co. VS.. j. M. Ira
cey was put over the term by consent.
Guy j. DeFrance vs.. c. w. Livingston,
an action to collect a store bill, was set
tied.
VIM. Ray VS.. Lehmicke, a foreclosure
case, was made a referee case, before
James G.:Saunders.
State VS.. w. r. Clark is a case in
which defendant was put under a bond
to keep the peace last summer, but on
examination the case was thrown out of
court.
In the case of w. A. Mcclure & Co.
IS. Ed. R. Bonney, the plaintiff sought to
recover some $500 and interest on account
of some Andrew H. Burke checks. Mr..
Bonney in the fall of 'o6 shipped a car of
wheat to Burke at Duluth, and received
therefor two checks for S2o8.7o and
s2o8.56. In due course of business Mr.,
Bonney took the checks to Mr.. Mcclure
who cashed them, giving Mr.. Bonney
cash and due bills for the amounts of the
checks. When the checks reached the
Marine National Bank Of Duluth, on
which they we're drawn, the bank had
failed, and so had Mr.. Burke, the drawer,
Mr.. Mcclure then sued Mr.. Bonney, the
payee and endorsee of the checks, for the
amount advanced thereon. A jury was
called, and after some little evidence was
presented, the defence agreed that judg-
ment should be taken by the plaintiff in
the sum of $3.50. The Jury was thus re-
lieved of further labor in the matter. H,
G. Voss appeared for plaintiffs and ]. G.
Campbell and F. H. Register for defend.
AMI.
The State VS.. Clayton Crews, a charge
of assault with a deadly weapon with in.
tent to kill, Brooks Goodall complaining
witness, "a taken up Tuesday morning,
The alleged crime was committed on the
18th of August, 1897, on the streets of
Dickinson, and was put v the ~ fall
term on the request of defendants attor.
neys ]. H. Field and ]. G. Campbell, on
the ground that their principal witness,
one Vasier, could not be found at that
time. At the 90 spring term of court the
defendant, through his attorneys, alleged
that he could not get a fair trial before
Judge Winchester and claimed further
that he could not get a fair trial in Stark
county. Judge Winchester granted the
motion so far as calling in a new trial
judge, but did not pass upon the other
part of the motion. So the first motion
before Judge Sauter on Tuesday, by the
plaintiffs attorneys, vas to take the case
to some other county for trial. In sup
port of this motion the afidavits of A. J
Streeter, A. N. Jefferies, A. H. Arnett anc
H. L. Dickinson were offered. The state
through L. A. Simpson, showed thai
Clayton Crews, or his brother, or both
had been in the employ of Mr.. Streeter
that two of the men making these affda
Wits had removed from the state during
the past year., that the third was on Mr.
Crews bond and the fourth a.persona
friend Of the other three and also of de,
PENDANT. The state testified to the goot
character of the four affidavit makers, bu
believed that they all had a special inter
est in defendant, and to Offset their aft
davits offered the afidavits of A. 7
Crowl, John Riessbeck, Guy J. DeF'rance
John F. Davis and E. L. Sco6eld, all ia!
payers and residents of Stark county
On the showing the judge denied tn
motion. Mr.. Field then stated to tn
court that he did not see how they coul'
stand trial as one very important witnes
was absent. The witness in question
proved to be Vasier and the court nc
being satisfied that diligent search ha'
been made to get the man, ordered a jur
%empaneled, which was accomplished il
a space of about one hour.
Following is the evidence introduces
in the Crews case:
Owen Flynn testified that on the da
of the trouble he was on the sidewall
near the Willard house, when he saw MI
Goodall stop and speak to the defendan
Witness did not hear what was said. De
PENDANT struck Goodall with his hant
Goodall struck back, and the defendan
then hit Goodall over the head with a RI
volver. Goodall fell down in an insens
ble-.condition.
DIR. Stickney stated that he sewed u
the wound on Goodall's head. 1t W:
about two inches long, and not necess;
rily dangerous, but under certain cond
tons it would be.
F. c.. Angliss said he walked along II
street with Mr.. Goodall just before ii
fracas, the first blow was struck by II
defendant. The witness testimony as
the blow over Goodalls head, was sim
lar to that of the witness Flynn. Aft
Goodall had been struck with the revo
yer, Crews said; 81 will learn him to il
%terfere with mel
A. b. Robinson came up after the fir
cas- had begun. When 1t was over, Il
defendant asked for his cartridge belt.
Mr.. Lenneville saw the revolver b
did not see the blow struck.
:. John Carroll testified to arresting Il
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