Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-01-13
Text of the Judges Order Cond GINNING
the Offending Wheel to the Il ls.l.55 s5
%3 i E:5S Flame and Ash. .;, "a.

1olI tHe udCo DlanK ana 1t has been set
since the close of the hearing. Attorney
Miller for the defense expects to go to
the supreme count on writ of certiorari,
claiming that there is no warrant for the
destruction of the property under the
law, considering the circumstances Of
the warrant under which it was seized.
The following is the text Of the order for
destruction, as drawn by Attorney Coch-
ranWeS W for the state, and signed by the
judge: .55;s s;:I 4: i. : : : a, -
The defendant in the above entitled
action having been arrested upon com,
plalntI issued by the undersigned charg-
ing him with the offense of unlawfully
maintaining e and keeping gambling ap4
pratus used and intended to be used in
PLAYING q game Of chance in the city Of
Bismarck, Burleigh county, North Da-
:kota, to- wit, on The 33Oth5 day $of Novem-
zber 1890, one lillian q. .sanderson il the
city Of Bisma arck, county of Burleigh and
state Of North Dakota, did unlawfully
maintain and keep a certain table and
pparatns for gambling purposes, com
4 monty oenl known and called a rolette table,
and which was useful, and then and
there intended to be used and then and
there actually used in playing game of
chance, to-wit, game of rolette, and
upon which said dgame money is usually
:WageredE and upon which game was then
and there in fact wagered, and said
William H Sanderson having been ar
rested and brought before me pursuant
8tot the, command contained d in the war
rant n Of arrest and ,17the sheriff having
also in his possession one table, and
wheel known and described as q ro1ette
tablllesa abllle wheel, i575 chips and chip
rack, q part sof said device, and having
made retnrn to this court upon his war
rant OF arrest that pursuant to the di-
rection therein cor ntained he arrested the
within named defend dant and has him be:
fore the court in custody, and also has ia
his possession one srolette table and fix
lures belonging thereto, also chips and
rack that was taken by him, said sheriff,
on a warrant against one Edward G..
Patterson, from the building known as
the Club Restaurant il the city OF Bis
smarck, Burleigh county, state OF North
Dakota; and the said William H.: SAM
derson appearing both in person and by
counsel and having, waved an examina
ton upon said charge, and the court
pursuant to the provisions Of Sec. 240
5of the revised codes Of the state Of orth
Dakota, having proceeded to hear evii.--s
sdence as to the nature Of the table and
device here present before the court and
having listened to evidence upon said
subject, the court finds that the rolette
{table, wheel, chips and chip rack now
before the court are suitable 20 be used
for gambling purposes; that the same
were ia the possession of illiam H.
Sand derson the defendant at the time Of
their seizure By sthe sheriff of Burleigh
count under a warrant issued against
one Edward G. Patterson charging said
Edward ls Patterson as theowner of the
building On lot 8, block 48 Of the original
plat Of Bismarck, count sof Burleigh,
state of North Dakota, with the; crimsIo %
keeping d place for gambling ii that
said Edward OF Patterson did wiIinlly,
,y5, 81 II q Z, N i, ~, ~