The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1903-06-12

Guilty to Petit Larceny and the
5 Court says Five Days and a Hundred
and Fifty Plunks Other Cases.
Friday morning the case of State VS..
Elmer Smith on the charge of giving
intoxicating liquor 70. a minor was
called. The state called the complain
ing witness George Theroux who tes-
tilted that he was 10 years old on his
last birthday; that on the Gath Of No
vember he was in company with George
Peake, Elmer Smith and Roy Harvey
at q place about two miles south of
Omemee. He said Smith pulled out
bottle and treated the crowd, inclnd-
ing himself He also testified that
Smith was not a physician giving him
treatment and that this was the first
drink he had taken that day.
Roy Harvey was then called on be.
half ofthe state. He testified that he
met Smith, Peake and Harvey on the
day in question as he was going home
from Omemee and that Smith pulled
ont a bottle Of whiskey and offered
him drink but that he refused and
that neither Theronx nor Peake drank
at that time.
Louis Theroux was then called and
swore that the place where this liquor
was alleged to have been given was in
Bottineau county, North Dakota. State
rested at this point.
Elmer Smith called as witness in
his own defence testified that he had
only seen George Theroux twice before
the Gath Jay Of November. Witness
swore that 10 company with Peake
and Theroux he met Harvey on the
day in question, near the railroad track
and offered him drink, but that Har-
vey refused saying he did not care for
anything and that he then put the bot
tie back in his pocket. On cross ex-
animation Smith testified that he did
not give Theroux any liquor that dav
nor did Theroux obtain drink out Of
anv bottle which he had on that day.
George Peak was called and swore
that he did not remember Of Theroux
getting drink out of the bottle which
Smith had
Irving R. parkway was called and
testified that he had the records COW
ering the arraignment of Smith and
Peak on this charge last fall. Objec-
ton to his testimony was interposed
anu witness was not allowed to testify
further. Defence rests. \
States Attorney Burr addressed the
jury on behalf of the state and e. B..
Goss for the defendant. The jury re.
tired and after half hours delibera-
tion returned a verdict of not guilty.
After the jury had retired in this
case Judge Palda said that he believed
some of the witnesses had been guilty
of perjury and instructed the states at
torney to investigate. ..3l
The case of tine State vs. Elmer
Smith charged with grand larceny was
called Saturday. Defendant plead not
guilty. In this cas- ) the evidence was
identical with that given in the case Of
State ys. George Peake charged with
the same offence. The same witnesses
we're used and the same testimony
given. AS ia the Peake case the jury
returned i verdict fnot guilty.
State W. Barney Goine charged with
maintaining q public nuisance was
called Monday morning. William
Hunter was sworn and testified that he
was acquainted with defendant and
that he purchased d bottle of Yhiskey
1 from him for which he paid 30 cents
ON cross examina alton he testified tha
there was no one present except him
self and defendant and that he asked
Tor whiskey. Defend dant said he5 hae
some but did not care TO sell III 40 i,
had II for hisS own use. bnt he would
letshim have 4 bottle. State rests.
Defendants attorney, E 81. Gosl
moved that the defendant Be allowed
to Withdraw his plea of not guilty AMI
enter 4 plea of guilt The notior
was allowed ana Saturday 1T 70 i. s A !.
B5set as the time for sent tence.
State IN. Isaac Marsh charged Will