Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-01-04
THE HEARING BEGINS
Judge Winchester Overrules Demurrer
to Complaint in the Case Against q
5t.5 e. G.. Patterson. .: .sz #5.z -.
Morning Session Of the Hearing Taken
55&5s# Up With Legal Argument on 51al59
N. .;5 This Question. 3 h, ,5@
Hearing the Case Begins Before Judge
Winchester y O'Clock This Y I
Afternoon. ~: ss

The; entire time sdn the case. against
e. 81 Patterson this morning was
taken up with legal arg,1ments upon
the question: of The suf6ciency OF the
complaint filed I'm the action. Attor-
ney Miller for the defense opened the
discussion with d motion to quash the
complaint on four grounds, that it did
not state facts sufficient to constitute
a cause Of action, that 1t did not state
Facts sufficient to apprise the defend
ant of the nature of the charges against
him, THAT it was so vague and uncer-
tain that the defendant could not
plead dntelligently in case it might be
urged as a bar to other actions, and
that it did not state that any offense
had been committed Within the state
of NOrh Dakota. zs1 = q - ,3.t 4. III Nj. - :
B lMr. .Miller's !. main contention was
that, since the complaint must allege
facts constituting "a crime, aside from
legal conclusions, the complaint was
defective, in that the allegation of
facts stated that the defendant had let
a building for gambling but that it
did not state that the building was in
the city OF bismarck or state of North
Dakota II s.iWhiIe these facts Il were
stated i'm the caption Of the complaint,
Mr.. Miller held that these were legal
conclusions and that the complaint
was defective in the charging part
thereof. In support OF his position
he cited authorities and legal cases in
point. =. :. ~ N<-
Il Mr.. Cochrane Tor the state held
that the, complaint was sufficient, that
1t must be taken as a whole and that
If 50 taken it was amply sufficient to
apprise the defendant of the charge
against him. The legal phases of the
matter were argued pro and con dalr-
ing the forenoon, and the court finally
denied Mr.. Miller's motion to qtash
the complaint. = * +
Mr.. Miller then entered a demurrer
to- the u complaint, upon the same
grounds stated in his motion to quash.
This was also overrlled by the court,
and excepting to the rulings of the
court, Mr. Miller stated that his client
demanded a preliminary hearing upon
the charge stated. :,ss.,. III
h Upon the question Of testimony +, the
defense said IT would insist upon Its
being taken in writing in the form s3f
ositdons, and the morning session
having been cons surned with the legal
arguments In the case, the hearing
was adjourned until 2 O'Clock in the
afternoon. & 4: %:@!ss.. 5s !. s I 5 l u #
TESTIMONY BEGINS. esI .e
The first Witness called by the state
this afternoon was Register OF Deeds
C. "A. Johnson. n. lss.s$s, $8 b ss
Counsel for the defense objected to
inltrod d,,ction of any testimony on the
grounds ta stated in the usotion to quash
the complaint This morning. q: "s353 53
The objection was over ruled, and
the defense excepted. i, I e352 3.55S 5s#.$ !.
Dr. Miller chen objected to private
counsel being allowed to conduct or
take part In the prosecution.
e,vrraled and exception taken. .ss5
The state oHered in evidence the
register of desds, record, transferring
lot s, block AS, o. P, city of Bismarck,
from H Isl $, Allen foE. g. Patterson. $,s
MI. Miller objeebed to the introdnc-
tion of this evidence on the ground
that no revenue stamps had ever been
affixed to the deed, or Cancelled /, al
provided Nv United States law. Over
ruled.
Sheriff Bogtt was the second Wit
ness ne testif fed that as sheriff he
took q roulette liable into his posses
sion E1a the buia in
quest Ion. He had the table I'M his
possession was not being used
when ne had aiken it. AZ. e. batter,
son was present when .it was sstzed..
Mr. sanderson came Ia afstter ward.
Several other IONS we're present.
The table and app psui,tenances we're
presented in court for purposes Of
fdentif ifeatior sIther testimony was
given AS to the conditi Of asaie tabls
ana cllips ut the time a the ssislire.
ittorney Cochrane counted The
checks that were seized and NV II.
sanderSon was called on 70 facilitate