The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1903-06-05

| that he had S37. III on MS person, pII.So
in pocket book in his left hip pocket
and the balance tied in a handkerchief
in his right hip pocket. Upon being
cross examined Theroux said the SIPS
was paid back to his brother Joe. He
further testified that he took his first
drink Of ,whiskey after they had left
| from Omemee and that when he came
to he was in Schoonover's house III
Omemee. John Bowerman was called
and testified that he was hauling straw
on the day in question and that he saw
Smith, Peak and Theroux coming from
toward Arthur Milloys and then when
he was coming back Theroux was lying
on the ground and Smith and Peak
stopped him and asked him to witness
the counting of some money that be-
longed to Theroux. They opened a.
pocket book and counted $1725. When
he first saw the defendants they were
STOPPING over Theroux. Witness saw
Theroux about half hour afterwards
in the same place and alone. On cross
examination witness said he saw Smith
in the evening and went with him to
Therouxs place of business and again
witnessed the counting over of $17.25 to-
Joe Theroux. He said he saw no money
tied UP in handkerchief Joe Theroux
and Louis Theroux, brothers Of defend. 3
ant, testified they were present when
the $17.25 was handed in and Joe testi-
fed that according. to his books George
should have had S37. 10. Motion was
made to instruct the jury to return
verdict Of not guilty. Motion denied.
Peak called in his own defense testified
that he and Smith were at Willow and
that before they left the box car south
of Omemee they had been drinking He
remembered that Theroux told Smith to
take his money and that there was
S1725 in the pocketbook. He denied
ever having seen any money tied up in a
handkerchief. Said he did not look for
any more money and did not see any.
Elmer Smith was then called. States
Attorney Burr objected to the intro
duction of his testimony because he was
a co defendant and accomplice in the al
legged crime. The objection was sus-
tanned Arthur Milloy was called and
testified that the three men were at his
place on the day in question and that
Peak and Theroux flashed money at
that time. Pat Daley was called and
testified to oyerhearing a conversation
at Rugby in which Theroux said he
was sure Peak did not get his money.
Defense rested. States Attorney Burr
made a strong talk to the jury followed
by E. B. Goss for the defense. The
Judge charged the jury in few well
chosen words and they retired to the
! jury room. In about fifteen minutes
they returned with verdict Of not
guilty.
In the case of the appeal Of Andy
Johnston & Co. from the decision of the
county court refusing to grant permit
on the groundsrthat the applicant was
nota resident of this county, Judge
Palda reversed said decision and John
ston will get his permit.
Two incidents occurred in the court
room yesterday which may have Il
wholesome effect on the parties con
cerned and perhaps in other cases. One
of the attorneys remained in his chair to
address the court. The Judge rebuked
him and stated that he would brook no
such breach of court etiquette. In
another case while the Judge was in
structing the jury some of those pres.
ent applauded. The Judge raped for
order, but one individual who was
slightly under the influence of liquor
kept on clapping his hands. He was
called up and fined SO, which he refused
to pay and was turned over to a deputy
to be locked up. After the adjourn
1nent the Judge remitted the fine and I
gave him some good advice.
nsthe caseof the st. Louis Cordage
Co. vs.. J j. E. Guertin, plaintiff BY
their attorney A. Ct. Burr moved for
Judgment on the pleadings in the sum
Of $500. Defendant by his attorney, "A
bert Besancon made a counrer motion
to be allowed time to amend plead gs
which was granted upon the ayrnent of
SIS costs. B. @
In the cases Of the State VS.. Edward
N s'mi1h 8 on two counts Of forgery iii the
third degree defend ant was allowed on
motion to Withdraw his plea of not
guilty and enter 8 plea Of guilty.
IN the case of the State VI. y. &. M
Young and Renly Dyer under bond eotI
keep the peace defend dants were dis
charged.
IN the & case of the State Ys. G 10.
son defendant was dischas ged upon pay
mentl Of the costs.