Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-04-27
In SUPREME COURT.
Supreme Court Hands Down Decisions
in Number Of Interesting
Cases.
Sentence Of Barney Murphy for IS
Years Afirmed-New Trial for
Young.

The supreme court has affirmed the
decision Of the district court of the
Fifth district in lac case Of the State
against Barney Murphy, sentenced by
Judge GlaspeH to twenty-five years
in the penitentiary for robbery in the
first degree. Murphy was the man
who entered a farmers house and tor
tured him by burning the soles Of his
feet to induce him to reveal the hiding
place Of his suspected wealth. Two
errors were alleged at the trial, n
in not postponing the case to another
term of court and the other in instruc-
tions given to the jury. The syllabus
Of the decision affirming the Judgment
of the lower court is as follows:
Where after issue Joined in a Grim
inal action pending in the district
court the defendant is DESTROYS of OBJ
tanning the testimony Of a nonresident
witness in his own behalf and where
the defendant desires a postponement
Of the trial or continuance of the ac-
ton over the term to obtain such tes-
timony it is incumbent upon him to.
apply to the court or judge upon no.
tice to the county attorney for the is
suance of a commission out of and
under the seal Of the court to take
such testimony.
Nor can an application for a con-
%tinuance or postponement to take such
nonresident testimony be granted ex-
cept in connection with an applica-
ton for a commission. The statute
regulates the practice in such cases
and its provisions must be substan-
TALLY complied with. Revised Codes,
sections S3S5-S3S9.
Facts stated in the opinion consid-
cred and held that defendants appli-
cation for a continuance in this case
was properly denied.
Held further that the foundation for
the motion for a continuance in this
case was insufficient in substance
Held further that the facts stated
in this opinion that a verbal error in
the trial courts Instructions to the
jury did not under the circumstances
in the case operate to the defendants
prejudice"
Harry Smith Young gets a new trial
from the court. Young was convicted
to. the crime of arson, in the burning
Of the mill at Ellendale. He was sen.
fenced to five years in the penitentiary
and is now under sentence there. The
syllabus Of the opinion that grants
him a new trial is as follows:
An information under the statutes
Of this state which accuses the defend.
ant of the crime of arson and charges
facts constituting arson in the third
degree as defined by the statute, is
sufficiently specific as to the crime
charged, and does not accuse of one
crime and state facts constituting q
different crime.
In a criminal case where the evi.
dence was entirely circumstantial the
giving of the following instruction
towit: 1.-THE law requires. the jury
to be satisfied of the defendants quill
beyond a reasonable doubt but in or.
der to warrant a conviction does moi
require that you should be satisfied
beyond a reasonable doubt of each
link in the chain of circumstances re
lied upon to establish the defendants
guilt. 1t is sufficient if taking the
testimony altogether, as a whole, you
are satisfied beyond reasonable
doubt of the guilt of the defendant
Held error.
This error was not cured by reason
of the fact that the court in other por-
lions of the instructions correctly
stated the doctrine Of reasonable
doubt.
Appeal from the district court O.
Dickey county, Hon. w. S. Lauder
Judge.
George W. Parks and e. P. Perry
for appellants.
q. e. Cassels as states attorney, ]
r.. CoWan as attorney general for re.
spondent.
The decision OF the lower court il
the case of the State VS.. Rosencrans
from McHenry county is affirmed il
the following syllabus:
The recent personal possession o.
stolen property not satisfactorily ex
planned as evidential fact from which
completely in the larceny thereof ma.
be inferred.
Accordingly Held, that evidence o
possession of the stolen property
which consisted OF a mower and twt
hay rakes, by the defendant within
ten days after it was stolen and at hi
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