Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-11-26
COURT CASES.
Trial Of the SHIRLEY Case in the Dis
trict Court in Progress During
the Day.
Witness Could Not Remember What
He Drank at the Place-Sent
to Jail by Court.

neon the jury in the Hines case, after
being out several hours, brought in q
verdict of guilty, with a recommends
ton of leniency. The maximum pen
atty that can be fixed lis eight years, or
twice the original sentence. The min-
imum is n year. Hines is from Cass
county where he was sent up for rob-
berry. He was originally sentenced
in 1898.
The trial of the case against Willard
shibley. charged with violating the
prohibition law, was begun, a jury be-
ing obtained about the middle of the
afternoon. A. T, Patterson is defend
ing SHIRLEY. Sheriff Bogue testified
to having searched the Shibley place,
and seized some stuff, consisting of
cases of>beer and a bottle partly filed
with whisky. Charley Payne and
Messrs. Breen and Sebry were also wit
nesses. In the course of Sebry's ex-
animation he was questioned as to
whether he drank beer in the place
The witness said he drank something
that might have been beer or it might
have been all hail. He was not sure
what it was. After hearing his exam
ination and endeavoring to get a state
ment as to whether it was or was not
beer Judge Winchester ordered the wit
n Gacc M. ho 0nnfnn1 # in S0i1 11rhS1 bic |
Judgment was clearer. Sebry was in
Jail for about an hour and shortly be-
fore court adjourned was brought back
and testified that to the best of his
knowledge it was beer that he drank.
Count a adjourned at 5 O'Clock and
the trial was continued this morning.
This morning B. E. Jones and R. F.
Wiestenz testified that they had made
an analysis of the liquor seized in the
Shibley place by the sheriff. The stuff
supposed to be beer, they said, con-
tanned about two and a half per cent
alcohol and the whisky about 25 per
cent. This closed the case for the
state,
For the defense Mr.. Shibley testified
that the beer and whisky that were
found on the premises he had bought
for his own use and that another man
was in partnership with him. and they
had bought the liquor to drink when
they warted. He had never sold any
OF the beer IL whisky, the latter being
for his own use also. He had sold
some all hail. but that was not intox-
icating, although he had obtained a
government license as he understood
there was some question as to whether
the government did not require a Ii
cense, even when there was the small
est percentage of alcohol.
There were three cases, two filled
with beer and one partly filled that
were introduced in evidence in the case
as having been seized at Shjbley's.
There was also a quart bottle filed
with whisky. g..
The jury in the case went out at
noon and had not returned a verdict at
3 O'Clock, at which time they sent in
word to the court that they did not
think they could agree.
On the informal call of the C. -ndar
this afternoon cases were disposed of
in the following manner: $Ssa
Roehel VS.. Spangberg, Bohn VS..
Reilly, Nell VS.. Miller and Jaeger VS..
Lovin were set for trial as jury cases
in the order named.
Mckenzie VS.. Bank a settled:
B%latchley VS.. BlatchIey was continued;
Bull VS.. Washburn vas settled and
Dickerson VS.. Bull was settled.
Hoge VS.. Griffin. BentleyAys. Dudley,
Washburn VS.. Trust Company, Minnie
sofa Title Insurance company VS.. Ran
dom, Clark VS.. Binford, Clark VS.
Northern Pacific, Clark VS.. House
Simmons VS.. Hilliard and jacobson VS.
Jacobson were set as court cases.
State VS.. Albertson and ,Glitschka
was dismissed.
On motion of States Attorney Alley
notice was served in cases Of State VS.
Kuntz, Swensen and Katz, Mcdonald
and S. B. French that if costs were moi
paid by Monday the trial of the cases
would be proceeded with.
There was no appearance in the
cases OF State VS.. Patterson and San.
derson, Frank Kuntz, Thos. MCGOWAN
Henry Tatley, Katz and Swanson, John
Quinaan, Charles Small, Chafles Nolan
and 3. j. Berry, Mollie Mansfield ant
JOS. Fox. The cases are n e insti.
tuted by Attorney General Cowan and
Attorney General Comstock. The dis.
position Of the cases will awadt ths
motion OF those officials.
Court is held open, pending a pos;
sible plea in one OF the homicide cases
now awaiting trial,
LOWEST COLONIST RATES.