Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-01-05
QUESTION 5 OF TITLE, I. /
In the Patterson Case the Defense Pro-
Ss54$ 3duces = Deed TO Sanderson 55
s.,:1 Dated Oct. Il. q: s ifs 1fss$ e,5
Its Introduction Resisted BY the State
and Wrangle Among Attorn- !: ::
}SSi$ zsS: y .Ea $ ~ III eys Ensues. 4; 5 5a &

The Taking Of the Testimony in Long
Hand Consumes Much Time 2It u.
h >,s.f'& and Case 5Lags. s I
A contentio ion as the intro duction by
the states witness, HI. Sande
Of a warranty deed dated October 5
and conveying the property in which
gam billing lis. alleged to have been al
lowed by permission Of the owner, y.
Patterson, fao Patterson to W. ! TT.
sanderyons Gee lpied most Of the time
IN the hearing OF the Patterson case
This morning. Yesterday afternoon
in the direct examin nation Of the Wit
ness Mr. .Coehrane for the I; state
brought out the state witness had a
writing by which he was not to pay
any rent for the premises in question.
This having been brought out by the
state, Attorney Miller for the defense,
in the cross examination of the WITT
ness this MORNING sought to have the
writing in question introduced in evi-
dence, as part of 1the cross -examina-
tfon Mr.. miller argued vigorously
his point, in replying to an objection
OF Mr.. Cochrane for the state that the
deeds intro oduction would not be
proper cross-exami minAtion. Mr.. Mil
ler said the state had brought out from
the witness that there was a writing
in existence and had sought to estab-
Hsh the nature of that writing whether
it was an agreement Iby which the
witness was not To pay any rent. To
ALLOW the state to proceed this far in
the inquiry, as had been dome over
his objections, would be unfair to the
defendant, and Justified the production
Of the deco in cross examinatio and
that upon such production the state
must be bound by its own wit
ness. 81 Mr.. sCochrane argued as vigor-
ously in opposing the admission OF
the deed. He said the state had been
careful in its direct examination, and
that notbing regarding a deed or
transfer had been brought out to just
ify its introduction i'm cross examin
tation. The Witness was an adverse
Witness, and it would defeat the inter
ests of Justice to allow such evidence
to y be admitted and bind the State
thereby. 81. n # ., p @ :.s . / @
en-: Mr. Miller said the prosecution had
been allowed ample scope by the court
to assure THE serving of all the inter
ests of 2jtustace 1t could not be stated
that the court had sought IN amy way
to Shield the defendant more than had
ne been The commonest naiefactor.
But to allow the prosecution to draw
from the witness a legal conclusion
as che effect of the writing in question
and then to refuse to salllow the de-
tense to bring out in CROSS examina-
ttion what was the writing was not
justified by any argu1n ent Of fairness
or law. AZ IA s:s I, j,.sy,
III The court held with the state and
refused to allow the deed ii evidence.
Mr. MILLER excepted to the ruling; OF
the court. N Al .s.;s:: 4 NJ
Mr. Miller then sought to show i1i
what capacity the Witness was IN pos
session Of the b1lilding. y The state
Iobjected and the 4 obi jection was sus-
tained. M Her ofered to show
that the witness was the owner Of the
building but the State Objected again
and the objj lection was s1lsst aimed. Mr..
Mil Her asked the witness II he had
been in possession Of the building and
land and the wiitnesss said he had as
owner The state moved to strike
out that part Of the answer relating
lto ownership and the mot ion was
granted. ne Inquiries then made
NV Mr. filler the ealt with the ques-
lstion of actual possessio On OF the build
ing and Land by 4. ssande and
the demises t1lrorn him to other TEN
he sRarrantty deed was ain
Offered Iii evidence In lanation of
the the iitness as
lto the VII lig be- 5hed The court az
lowed The deed TO be admit ted for this
I,ilrpose sosely he dsfsnse excepted
tos the rsliisag off the court stating that
had ne aq,thoralt to ltmit the plir-
Pose for which an exhibit was received
and that llaydnsss been received for one
purpose must be received tor all
Iln1rp eses