The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1903-11-27
found HIM GUILTY
Fellow Who Attacked Tom Briggs With
a Knife Found Guilty Of a Very
Mild assault.
he Was Sentenced to Eighty Days in Jail
and Will HaY0 an Easy Time
in Winter Months.
Some Testimony is Offered on AgriCul-
tural Features Of the Sioux
Reservation.
THE FRANCIS ASSAULT CASE
James Francis Tried for Assault on
Thos. Briggs. His Only De-
Tense was Insanity.

Friday afternoon at 4 80 O'Clock the
adjourned term of court resumed,
Judge Smith having arrived home
from Alexandria. The last before
the court was that Of the State VS..
James Francis, who was charged with
assault and battery with intent to
kill. The affair happened Sept. 81,
during the first days Of the corr pal
ace. Francis, who is a cripple, being
minus one leg, was a stranger in the
city and on that day he was seated
on the Orn of Main and Second
streets begging Of the people who
went by. Those who declined to drop
something in his hat got a sood
round cursing from him for their
negligence in responding to his ap-
pealS for aid. Policeman Briggs Or
dered the fellow TO cease that kind Of
work and to move on. Francis de-
clined to accede to the demand Of
the officer, who then assisted him to
rise. In the struggle Francis threat
ened once or twice to kill the officer
and reached in his pocket for an i'm
plement Of some kind. Officer Briggs
to quiet him tapped him lightly
twice on the tore part Of the head
with his billy. He then went to Sc
cure a dray and on his return Fran
els made a pass at him a knife and
but for the interference Of James
Fogarty would have accomplished his
purpose.
States Attorney Hitchcock APP
peared for the state and Jay Mark
ham, by appointment of che court,
appeared for the defendant. The fol-
lowing jury was secured, after ex-
hausting the panel and.calling in one
talesman Albert Stevens. H. S. Ben
nett. VIM. Nash, Knute Strand, B..
E. Barnard, A. Wittstruck, VIM.
Kruse, August Coop, Ed Cornwall,
R. f. Jones, Albert Sodergren, Frank
P. Stearns.
Attorney Hitchcock had for his
witnesses Thos, Briggs, l.. Plotner,
L. @. Hardesty, J. K. Wells, A. J..
Parshall, and Chas. f. Mewing, and
each of them detailed the story sub
stantially as is outlined above.
Attorney Markham set up the plea
Of insanity for the defense of the
prisoner and it was in%geniously ar
ranged. He placed the defendant
on the stand, who stated that at
one time he received an injury on
the head and a portion of the skull
was removed and a blow Whereabouts
rendered him insane. DR.. Reamer
and DR.. bower were called as expert
witnesses in the case and the latter
brought a skull into court to show
the position Of the injury. The two
physicians had made examinations of
the defendant and through the
questions of the attic rney it was
sought to show to the jury that the
E,ow given by the officer rendered
the defendant temporarily insane
ana that he was not responsible for
his acts. The testimony that was
brought along this line on tile part
Of the attorney and the physicians
was OF an interesting nature. At
torney Hitchcock sought to show by
Messrs, IIardesty, Mewing and
Parshall that after the blow was
struck that Francis was in about the
same condition as tefore, other than
lie was perhaps angered. but was far
from being insane.
At the conclusion of the addresses
Of the attorneys before the jury.
Judge Smith gave his charge. which
was fair and impartial, At II 20
the jury retired to deli )crate on the
evidence.
Eighty lays in Jail