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

cution and J. u. Weeks for the defend
ant ant Complaining witness John Nc
Cann was called and testified that de-
fendant worked for him and that at the
time complained Of ne came home in
the evening with wagon in order to
repair one Of the wheels and did
not 90 the work as instructed. Witness
came home a little later aud demanded
the reason for not doing so. Defend
ant got up from where he was playing
cards and struck him two or three
times. On cross examination witness
said they clinched and fell on the floor
after which Marsh struck him. Lloyd
w. Wells was called and testified that
he was the justice Of peace in the vii
lage Of Sonris at the time this case
came up. Witness testified that de-
fendant told him that he was playing
cards when McCann came into the
room and that McCann had a pitchfork
in his hands and that he feared he was
in danger and SO clinched with Nc
Cam. Witness did not remember
whether defendant said at that time
that he would be willing to plead
guilty or not. State closed. 3s
Defendants attorney here moved to
dismiss on the ground that the state
had failed to show that the crime was
committed in the county Of Bottineau
and state Of North Dakota. The court
referred to the notes and found the OBJ
lection to be well taken. States at
torney moved to be allowed to re-
open the case which motion was granted
and the defect cured.
Isaac Marsh then took the stand in
his own defence. He testified that he
was working for McCann on Septem-
Der 9th last year and that on the even
ing in question McCann came ur into
the barn where he was playing cards
and asked him why he had not put
that wagon wheel into the water tank.
Witness said he did not move at once
and that McC.nn came back and
swore at him and grabbed a, fork and
said he would run it through him. He
then clinched with McCann and both
fell to the floor. On cross examina-
ton the witness said that the reason he
went to Wells was that he had never
been in any trouble before and that be
went to tell about it and not to plead
guilty. Witness further said that he
did not strike McCann.
Frank Huntley was sworn and testi-
fed that he was working for McCann
and that he saw the trouble. He said
after the first racket McCann started
to 60 away and then turned back and
| grabbed fork. Marsh then jumped
and cllnched with him, t,king the fork
away from him. Witness said McC Cann
had no time to strike. He started for
ward when he got the fork but that
Marsh jumped in on him. Witness
said that Mash did not strike McCann.
Case was given to the jury. After be-
ing out half an hour they returned
with verdict of not guilty. s.
State VS.. Star J. Erickson charged
with maintaining common nuisance
was called. Lloyd w. Wells was
called and testified as to the location ol
the Erickson s. Nordin drug store.
Herman Myers was called by the
state and testified that he was a resi-
dent of Souris and knew the drug
store referred to and that he had pur
chased liquor there three or four times
from the defendant and that he haG
not signed an oath to prochreit. Or
cross examination he said that he ha6
called for whiskey and got it. He
lknewit was whiskey because he hae
drank whiskey before. He said some
times he gota pint and sometimes ar
ounce. When he got the ounce he die
4 not pay anything for it. Witness saie
he paid at one time rs cents ant
another time a q ollar for liquor boughl
from defendant.
Joe Scott was sworn and testified
that he had bought whiskey from ths
defendant without signing for it. Ht
said he called for bottle and go
/ what he supposed to be whiskey. Or
4 cross examination witness said he re
membered signing the book once. He
could not remember how often he got
liquor without signing the oath but J
was, more than once.
i Rolf Larson took the stand an6
i Eswore' that he purchased whiskey from
defendant Without signing the bool
J, but could not remember how often
State rests. sss III 8jG8s
The defence did not call any Wit