Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1902-07-17
On Motion of States Attorney Rose
Case Against. Joe O'Brien
Was Dismissed.
Dismissal on Ground that Evidence
Was insufficient to Secure
Conviction.
Testimony in the Case Against Joe
O'Brien in Which Attempted As
sauit was Alleged.

&.
The case of the state VS.. Joe O'Brien
charged with an attempt to commit
an assault on the person OF Ermlna
Trepannier was called in Judge Glas-
pell's court Tuesday a. M, the defend
ant pleading not guilty. The COM
plainant. Ermina Trepannier, was
called. She testified that she was II
years Of age and that on the evening
OF May 7th she was employed at the
residence of Martin Peterson. She
said that on the evening OF May 7th
she attended the Yeomen dance IN
company with Mrs. Howard Jones.
She was acquaintedswith the defend
ant, O'Brien, and he was at the dance.
She left the hall with Mrs. Jones and
they were half way across Fifth ave-
nue. when defendant caught up with
them. They walked over about half
way to Sixth avenue when Mrs. Jones
left them. With O'Brien she went
about two rods across Sixth avenue
where defendant insulted her. she
testified, and threw her down.
The next she knew she was on the
lot back of the postoffice. There they
had quite struggle, she said, and her
clothing was torn. She said she tried
to scream but was prevented by
O'Brien who put his hand on her
mouth. She knew little after She
found herself on the lot until she
found herself standing in the back
kitchen at Martin Peterson's. She
went upstairs and at the head OF the
stairs called Martin. She went to
her room and Martin came in when
she was about half undressed. She
said her mouth hal been sore inside
ever since that night. She also testi-
fed that there was blood on her waist.
From her testimony it seemed that
she was unconscious for hours and did
not know how she got home.
Miss Trepannier continued her testi-
mony Tuesday afternoon. She was
certain that she and O'Brien had
gone into no building after leaving
the hall. They went right west
on the lots near Sixth avenue and later
went over on the lots back of the post
Office. She said it was about 1.30
when the trouble commenced-right
after the Yeomen dance. She was
closely questioned by Attorney San
ford, for the defense, regarding the
events alleged to have transpired dur
ing the morning Of May s.
Martin Peterson was called by the
state, represented by States Attorney
Thorp. He was asked regarding
events Of the morning when Miss
Trepannier came home between 3 and
"a. m. He told about her calling
him and about going into her room
where she told him about what had
happened. Mr.. Peterson was subject
&c to rigid cross-examination by At
torney Sanford and at times seemed
to be slightly uncomfortable.
Mrs. Trepannier, mother Of the de-
fendant, testified as to what she found
out about the case on the morning
following the alleged affair.
The defendant, Joe O'Brien, was
sworn and testified that in company
with Miss Trepannier he went to the
Delmonico restaurant for lunch after
the Yeomen dance. From there they
went to Mr.. O'Brien's room. They
went into the Delmonico about 1870
O'Clock and left abou9 fifteen minutes
later. They stayed in 0 'Brien's room
from 1:45 to 3:l5 O'Clock on the morn
ing in question. A picture showing a
female with peculiar apparel was
shown witness and he was asked who
1t was. He said it was Miss Trepan-
nier and that she had given him the
picture about year ago. Another
picture was shown defendant and was
admitted as evidence.
O'Brien further stated that he had
known the defendant for about year
and that they had become pretty well
acquainted with each other in the few
months just previous to this charge
being made against him. He testi-
fed that she had acted improperly
while riding in sleigh with him and
q party one night during the winter.
He said that in scuffiing with Henry
Bush at the dance his head was cut