Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-01-03
y
Exhaustive Argument Today as to the.
Rights Of Officials in the Pat M
terson Case.
Stat States Attorney Allen and Attorney
n General comstock Both Ask for
Control Of Case.
Court Admits Attorney General, and
I'd s@ Associate Counsel ID Prosecu-
.sii: aii..s. tion Of Case.
States Attorney Allen Files His With
drawal From Prosecution Of
Case Later. I!
Continuance Of Hearing Had Until To-
morrow M forming, When it Will
,g::s IN be Heard. s.s I'd

There was an array of legal talent
in Judge Winchester chambers this
morning when the case of the State
VS.. Patterson was called. Attorney
John NJ. Cochrane of Grand Forks and
W. P. Miller of Fargo were among the
outside counsel present Attorney
General Comstock, States Attorney
Allen. and several lesser legal lights
We're present and these four lawyers
occupied the morning with arguments
pro and con upon the case. .,.-. Z.
States Attorney Allen, when the
case was called, said that as states at
torney he would like a continuance of
the case until the afternoon. He had
been unable to get the facts in the
case from the states witnesses and
wanted time to interview the wit!
nesses and prepare to go ahead with
the case. - sg$
Mr.. Cochrane stated to the court
that he and Mr.. A. T. Patterson ap-3
peared for the attorney general OF the
state and were prepared to go ahead
with the case. ~. ,
Air!Allen then stated to the court
that he offered to prosecute the action.
He had always been ready and was
now ready to do his duty as prosecut-
ing attorney for the county. The
court, he insisted, had no power as a
committing magistrate to appoint
counsel to take charge of the case
other than the states attorney. He
did not ask or desire assistance in the
prosecution of the case and objected
to the appearance of other counsel in
charge Of the prosecution of the case y
Mr. Cochrane said that his appear
ance was not intended to antagonize
the states attorney or to conflict in
any way with the full performance of
his duty. He represented private in
terests that We're interested in the see
ing of justice done in the case and
had been requested by the attorney
general to act in the case. From
facts which had been presented, he
said the states attorney would be a |
necessary witness in the case. The
warrants had been issued by the court
and the states attorney had not been
requested to prosecute. The expense
of his appearance would not, he said,
fall upon the county. The prosecu-
ton expected to show that the viola
ton of law charged against the de-
fendant had been continuous in the
city and had been carried on with the
knowledge of the states attorney. The
present and past relations of the
states attorney. with the defendant
rendered it necessary that the public
interests in the case be represented |
by disinterested parties.
y Mr.. Alien said he had asked for no
assistance. He asked the court to |
point to a case brought before it in
which h ehe had failed to perform his
duty since his term of Office. The
matter of friendship with the defend
ant mt was not to be considered in the
performance of his duty. @ The insin-
Of Mr.. Coehrane regar ding him
We're unfair. If his. charges were
true true There was 9. legal method to pre-
sent them and remove him from his |.
ofiice. Mr.. Cochrane's insinllat ions
as ,to conditions that had prevailed in
the city were an insinuation in q way
against the court. s:s5
y Attorney General Comstock them
stated that he had hesitaHed to take
part part in tue case, as he had only recent
" qualified as attorney general. but
that requests to take charge OF the
case came from several sources that
he could not properly ignore. He
therefore desired to take charge Of the
case and to have control Of the prose-
cution, and 70 have Messrs Gechrane|
and Patterson appear as his assist
ants r Ie said he had been informed
that the states attorney was inter