Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1901-11-15

speak we can't do anything." About
midnight the defendants came to the
house of witness and her husband and
assaulted her husband. She recog-
nized the defendants by their voices.
She also recognized them outside.
She saw defendants strike her hus-
band after they got him outside. She
told them they were killing him, and
one OF the fofE got hold of the wit
ness. Then they went away, and,
shortly afterWard, the witness and her
husband me.to Linton. She had re-.
sided since Aug. 5th at Kline's for
two weeks, and after that at her faith
er's house. Her husband was not with
her, but in Wells county. Her hus-
band took her to Kline's. From there
she went to her parents house.. The
testimony Of this witness was con-
cluded Thursday at the night session.
Friday morning. the case was re-
sumed by the recalling of the COM
plaining witness to answer a few ques-
tionS.
De. Nolan, of Linton, testified as to
the injuries sustained by Schan.
The state rested here.
The first witness for the defense was
John Krumm, one Of the defendants.
He claimed that on the night Of the
assault he was, from p. m. to 3a. M,
at the residence of MI. Miller, and was
not near Schan's residence.
George Volk gave similar testi-
mony.
Barbara Miller testified that the
two defendants, were at her fathers
house from 8 p. m. of Aug. 4th to 8 a.
m. of Aug 5th.
Joseph Krum1n and Mrs. Elenora
Volk also testified for the defense, and
the defense rested its case.
After the Judge had delivered his
charge, the case was given to the
jury, which retired, and after due con-
sideration returned verdict of guilty
Of assault, and recommended that de-
PENDANTS be given the full limit of the
law for the offense. They were each
fined 800 and sent to Jail for thirty
days. In case the fine is not paid, de-
PENDANTS will remain in Jail for fifty
days additional, making eighty days in
all.
The trial afsthe case of The State VS..
John ]. Dux was then begun. The
charge was grand larcency-the taking
of roam steer belonging to G. N. Fid-
dler, of La. Grace. S. d. Mr.. Lynn
prosecuted and Mr.. Armstrong de-
Tended. 4.
The following jury was drawn, and
sworn:
Dirk Hasper, Ell: MaJtison,
VIM: Murphy, Robert Castle,
f. Geo. Suverly, Jerry Conley,
/ p. Klapprich, e. T., Hawes,
! S. Nicholson, Jerry Cole,
G. Sherman, d. r. Streeter.
According to the testimony of
Messrs. Fiddler, Macomber and G. j..
Wagher, a roam steer belonging to Mr..
Fiddler was sold to Wagner by Dux, a
bill of sale given for,it. by defendant,
and the defendant helped to put Wa
gher's brand on it.
The defendant testified that he had
never claimed to own the steer, al.
though he had offered it as security
for debt due Wagner, and had helped
to put Wagher's brand on it, and the
bill of sale he signed without knowing
its purport, at the request of Waghel
and Macomber. The jury in this case
were out nearly whole day, and were
finally discharged because they could
not agree.
In the case of the Ryan. Drug Co
VS.. j. A. Stiles, the plaintiff was moi
allowed tQ~put in any testimony, be.
cause of defect in the papers. Plain
tiff was ordered to pay term; fee of
$40, and thirty days were given ir
which to file new papers.
The term WAS adjourned Saturday
i forenoon.
/ n. q.