Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-05-30
MASSEY NUS SLRV TERM
Supreme Court didess lat MADAM
Il Massey Must Serve H @
[ u the F'enitentia 81
Decision % Appeal rom Sentence ofS
/. 4 Year for Contempt of Court
by Judge Pollock
Evidence Exanined by the Court and
Held % Be Ample 70 Sustain
\ the conytic on.

The supreme court has handed down D
a Adhesion In the case OF Malyina Mas
sey, tried for contempt Of court ii the.
violation Of an in Junct ional ord der ne
straining her from the sale Of intoxi-
eating liquors, She was tried before
Judge Pollock Of the district court at
Fargo and sentenced TO al year In the
penitentiary the penalty for d second
offense. 81 From this jud g1nen she APP
pealed to the supreme court,
Tilly being her attorney and Newton
& Smith being attorneys for j the re
spondent. The supreme court affirms
the decision Of the lower lccilr L, and
the defendant will have to serve her
sentence OF a year in the penitentiaTy-
The syllabus of the decision is as
follows: 5 st n s$ N
| Criminal contempt proceedings, con
STRUNG sections 76t;, and 5942, Revised
Codes Of 1899 Held That the pro-
cedure in contempt trials, as laid
down in section 50 5s42, Il does. not govern
in cases arising under the statute re-
lating to Intoxicating liquors. The
later trials are governed BY the special.
proceeding as prescribed in section
1905. It.s ;4s
Held, further, That any final order
| in contempt case, which adjudgess
that the defendant is guilty, is appeal
able to this court under section 1854,
Revised Codes Of 1899. En- u i 81 H:
On such appeal, where a review Of
the evidence is sought, statement of
the case must be settled as in jury
cases; but this court in such cases sits
as d court OF review for the correction
| Of errors. ~ =. gs55ys
Held, further, That section $500 OF
the Revised Codes of 1895 has no ap--:
plication to any contempt case and
| this court cannot sit in such cases to
try the case anew. ~ " ,.@.. &
Evidence examined and, Held, That
the record embraces competent evi-
denee legally tending to sustain the
conviction and hence the conviction
is sustained. -. .-.
The opinion in the case was written
by Judge Wallin. Among other mat
ters the severity Of the sentence is
thus commented upon by the court:
1--WE recognize the fact that the pun
ishnent inflicted, especially for a sec
ond offense, is very severe, but this
is a matter which appeals only to leg
| islative discretion The fact of the
surety of the punishment in cases
arising under the prohibitory liquor
law, while it should operate to make
the trial court doubly careful in weigh
ing the testimony adduced in such
cases. does not operate to change the
rule governing this court when sitting
only as court OF review. The rule
fin this class of offenses is not different
from that which governs in !. criminal
actions proper where the accused is
found guilty by a, jury. Moreover we
are of the opinion that in this class Of
cases, where the evidence is squareIy
conflicting, much weight should be
given to the conclusions reached by
| the trial court upon questions Of fact.
| That court saw the witnesses and OBJ
served their manner Of testifying and
demeanor while on the stand. This
preat dva71ff, pa IN 81 Fl Ii, q, ~, ma
arriving at the truth we do not have, Z.