Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1901-07-11
WAS A TRESPASSER
Judge GlaspelI Rules that George
Case Was Trespassing on
Morgan's Land.
Court Holds Commissioners ResOIu-
tion Opening Section Lines
is Null and Void.


Case is Found Guilty of Assault and
Battery Committed With a
Wrench.
In a ruling made in the case OF the
State of North Dakota VS.. George
Case. Judge Glaspell held as null and
void the action of the county commls-
sioners, June 6, 1899, in passing reso-
luton declaring open as highways all
the section lines in Stutsman county.
The question came up as to whether
Case was a trespasser when he assault
ed w. w. Morgan with a monkey
wrench, May 81, 1901. From the evi-
dence it seems that Case was driving
a team attached to mower and was
intercepted by Morgan on a section
line between two tracts Of land owned
by the latter. Morgan had sown
wheat on the land on the section line.
He demonstrated with Case for driv-
ing on the wheat and took hold OF one
of the lines to turn the team around.
Case said he had perfect right to
travel on the section line. He struck
Morgan with monkey wrench and
his arrest followed on charge OF as
sault with a dangerous weapon with
intent to do bodily harm.
The ruling of the court that the
line between the sections was not a
public highway classed Case as tres
passer, and tine jury brought in ver-
dict that he was guilty of assault and
battery, which is not as great a crime
as that charged in the indictment.
The verdict was rendered late Satur-
day afternoon and Attorney Thorp
asked for a stay Of proceedings. Judge
Glaspell deferred sentence for one
week. 1t may be that a motion for a
new trial may be made or an appeal
taken to the supreme court.
PEARSON CASE.
In the case against Frank Pearson,
charged with stealing lumber and
other property of the Northern Pacific
railway, f. ingalls, testified that in
company with j. E. Squirting, Road
master Fletcher and Sheriff Severn
the ranch south Of Medina, belonging
to Pearson, was visited April II, 1899.
In search made, POI boards bearing
the Northern Pacific brand IN. p"
were discovered. The boards were l6
feet long, 6 inches wide and l inch
thick. Four switch ties were also
found. The lumber and ties were
comparatively new. Sheriff Severn
Roadmaster Fletcher and j. E.
Squirting corroborated the testi-
mony given by Mr.. ingalls,, with the
exception that Mr.. Fletcher had
stopped counting the boards when he
had reached $50.
Attorney Sanford, for the defend
ant, moved that the jury be advised to
bring in verdict acluitting Pearson
for the reasons that the indictment
did not state that a crime had been
committed, that there was no proof
that property had been recently stolen
and that there was no proof that the
property had been stolen in Stutsman
county.
Judge Glaspell instructed the jury
to bring in verdict of not guilty.
After retiring a few inmates they
brought in verdict in accordance
with the instructions of the court and
Pearson was discharged. He came
from Forsyth, Mont, to stand trial
and was under considerable expense.
He may bring suit for damages for
malicious prosecution.
BROsCH CASE.
A jury was secured in the case Of
the State VS.. Jacob Brosch, accused Of
stealing wagon worth s75 belonging
to Christian Wolf. Both parties re-
side near Medina. In the eXamina-
tion of Gus. Sell as a.juror, the fact
was brought out that in Norway and
Sweden a man is believed to be guilty
until he is proven innocent. Gus. had
learned this in his youth and was not
allowed to sit on the jury.
In the Brosche case the testimony
Of Christian Wolf was to the effect
that he had cattle deal with Brosche
by the terms of which Brosche was to
deliver to him certain cattle on Nov.
1, 1900 for which he was to receive
5000. Wolf paid Brosche $50 in the
shape of check. BroSche also Sc
cured a wagon and a shotgun from the
complaining witness. Wolf admitted
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