Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-01-03
!: FIVE ] !. ] CENTS

FIV y r CEN NTs
#ested ID gambling the city and
would be a necessaIy illness
case.
# Allen stated thai MI. Gornstoc
5minsinuat ms ions as % him were unfair
the attorney general mad information
the kind ne claimed let him
d,lce 1T In court IL would be as fair,
said id Nj. 4 A len, for him 10 charge that
'she the attorney general was drunk id the
city night before last, as he had
liable infornati ion was case
Mr. Comstock then stated that he
had not meant ito say tha i the states
attorney was interested i'd gambling
beyond the fact that he had All some
q time bet on the game and Mr.. Allen
apoioegsized to Mr. c;onsto for his
statement. Re
Attorney Miller for Mr.. Patterson
then stated to the court that his client
had some interest in the point at issue
as had all defenda ts He centended
the court as a commit itting magi
had no power to say to the states at
tcrney that he should not have charge
of the case Mr.. Miller said that
there was DANCE in such proceedings
as the one in guest ION Enough had
appeared in Mr. Coehrane's statement
to the court and the statement that heSi
was being paid by private interests to
prosecute this case to suggest the ami "a
mus and possible malice of the prose-
cution, and the danger to all defend 81
ants if such entrance of private coun-
sci in such cases were permitted. The
question at issue was not what eondi-sS
| tions had prevailed in the city of Bis
marck but whether this defendant was
guilty as charged in the warrant Of ar
| rest. II his information was correct,
the counsel for the prosecution were
asking the court to stultify itself, upon
its decision in the Mandan blind pig
cases with reference to the employ
ment of private counsel under the
| liquor laws. 5. f$s5s# Il sss5
Mr.. Cochrane replied at length on
the legal aspect Of the case and Mr..
Miller as vigorously answered.
/ Judge Winchester then entered an
order that States Attorney Allen be
| of record as one of the states counsel
in the case and that as to who should.
direct the prosecution of the case he:
would determine from time to time as.
| the case proceeded. Z. j..
The case was then adjourned until
5 o'clock this afternoon when it was
| resumed at the court house, the judges
chambers being insuficiently large to
accommodate the number that gath
cred to watch the proceedings.
This afternoon when court con-
vened,. States Attorney Allen offered
his withdrawal from the case, setting
forth his reason therefor, and except
ing TO the ruling of the court permit
rI =
ting the association of other counsel.
The withdrawal was filed, but was not
read, by order of the. court. =.&
Mr.. Miller then excepted to the jur-$&
lsdiction OF the court as a committing
magistrate and moved to quash the
complaint. The motion was denied
and the exception oFerruled.
Mr. Miller then moved a change of
venue to the nearest Justice, not
claiming it as a legal right. but stat
ing that possibly the court, in view of
the affidavit of the defendant, might
feel disposed to grant the motion This
was also denied. < 5,ss 4. r ,sssss sy5Ss5.5 $si
q 4 Mr. Miller then asked for a continu-
ance until tomorrow morning at $50
and it was granted. ).
INSURANCE COMPANIES NERVOUS