The Dickinson press., 1903-05-09

on charge of assault and found not guilty.
Alb. Murray was the complaining wit
ness. L. A. Simpson defended.
M. L. McBrideiwas appointed by the
court to prosecute the states case
against c. F. Merry and c. E. Gregory
was retained by the complaining witness
to assist in the prosecution. W. C..
Crawford was employed by defendant.
OnThursday Mr.. Crawford moved to haye
the case continued over tho term and the
motion was not resisted. At this time
there were but IL or - jurors left out of
a list of 36 and the attorneys for the
prosecution realized that most of the peo.
pie in the city had talked the case
over a good deal and that it would, in
all probability, require considerable time
in which to get a jury, consequently they
did not feel like urging tho trial of the
case IN account of the added expense to
the county. 1t will be remembered that
when Merry was tried and found guilty
in justice court a year ago the jury was
composed of men from the city-mostly
business men. Hence it would be neces-
sary to get a jury composed of men
mostly from outside.
In the matter of Emil Hasten his at
torney made a motion to continue the
case over the term and the same was
concurred in by the states attorney and
the motion granted.
The civil cases occupied considerable
time at this term.
N. F. Boucher did not appear in his
case against the Ray estate.
Fred Kosteleckey vs.. John Uchytel,
appealed from justice court, was dis
missed.
M w. Mcdonald and John Nc
Donough settled their case.
The case of o. P. liner VI. Angus
Pellette occupied the most of the day
Wednesday and was nearly ready for the
jury the following morning when the at
torneys for plaintiff, c. E. Gregory and
L. A. Simpson, asked for a judgment of
sI555 with interest. The motion was ad-
mitted by defendants attorney, F. H.
Register, and granted by the court. In
a previous trial Pellette had secured a
judgment of some $1,000 against liner
and after figuring up the two accounts
Pellette had some $500 coming, but to
Offset this liner brings action to recover
pay fol 400 tons of hay, provision, cloth.
ing, etc. that he had furnished Pellete
which will probably more than wipe out
the balance. Mr.. liner has been put to
a good deal of expense in these suits
but he has been in a position where he
was compelled to 60 to law to protect
his interests.
The Caroline Purdwell case was put
over this term. c. E. Gregory vs.. A. C..
Huidekoper also went over. Campbell
& Field appeared for defendant. R.
Schultz W. G. R. Wannemasher is an.
other case that went over.
The cases of Michael Bulanger and
Sebastian Schropp Va. Mandan Mercan-
tile Co. went over the term on a demur.
The Freis case was dismissed.
At the time of closing these forms on
Friday the case of c. H. Wiley vs.. Han.
sen & Refs was being tried. The case
appeared to be badly mixed. MI. Wiley
kept cattle for the defendant.
At this time the Reginald Hummell
case had not been disposed OF and, not
outstanding there are several charges
against him, things are in such a mixed
up condition that it is doubtful If he gets
a trial at this term. He may be ablel to
get out on bail.
1t looks as though there was enough
on the calendar to keep the court busy
until Saturday night.
Nearly %two.thirds of the jurors sum.
moned for this term of court were ex-
cused for cause. Several were excused
because they did not understand the
English language and others because
they were from the unorganized country.
This has made a great deal of unneces.
sary expense and it is safe to say that
the jury box will be thoroughly purged
before the opening of another term of
court. No name Of any person who does
not thoroughly understand the language
should be placed in the box.