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

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Bismarck and for the second an addi-i
tional eighteen months to be served af-
ter the expiration of the first term,
making in all five and half years.
State Of North Dakota VS.. William
Gearhart on the charge of maintaining
a common nuisance, was called and
hesitate called Frank Arnold. to the,
stand. He testified that lie bought
whiskey from the defendant and paid
for it. He said he asked for whiskey.
and supposed that was what he got.
Hesaid he bought it in the spring Of
1902. The state rested. The defense
did not introduce any testimony and
the case went to the jury without any
argument, After the jury had been
out over half a day the Judge called
them in and dismissed them, they hav-
ing failed to agree. l. + Y. IA #Js
State vs.. John Due was called and
defendant plead not guilty. Isaac Dis;
teller was called to the stand and
sWore that he was acquainted with the
defendant and knew his place Of busi-
ness Witness said he bought moose
but nothing else. Said he did not
know the taste or color Of beer but
upon examination by the court adj
mitted that he did know the taste,
color and smell of beer. He said the
stuff he bought looked like beer but
was called moose and the bottles were
labelled "malt." Two other witnesses
were called but were absent on ac-
count of sickness. Court adjourned
until p. m. When court convened at
the appointed hour defendant by his
attorney, E. B, Goss moved to dismiss
on the ground that no reason was
shown for the adjournment of court
and for the further reason that the
state had not shown that the
defendant had committed any crime
Motion overruled. Defendant moved
that the court instruct the jury to
bring in verdict Of not guilty. Over
ruled. Court then adjourned until
$50 Wednesday morning. Garfield
Critics was called to the stand and tes-
titled that he bought what was called
malt at the defendants place of bust
ness. He further testified that it would
intoxicate if enough Of it was taken.
Emory Charbonneau was the next
witness called. He testified that he
was acquainted with the location oi
the City hotel in Willow City and that
he had bought liquor there that they
called moose which tasted and looked
like beer, but was Of such a nature that
! Ii would make d man sick rather lthan
intoxicate him. Witness said it made
This head ache
Tom Henry was called and said the
liquor he bought of defendant looked
like beer, had an exhilirating effect
and in his opinion would intoxicate.
State rested. Z; 54rte
Defense did not introduce any testi-
mony and case was given to the jury.
Verdict, not guilty.
State VS.. William Gearhart for main
tanning common nuisance was
brought on for second trial Wednes-
day owing to the failure of jury to
agree in the case on the first trial.
The state called Frank Arnold who
testified that he bought whiskey from
defendantand paid for it and that Alf.
Caldwell and Jack Webber were pres
ent at the time Of the purchase. <
Alf Caldwell was called and testi-
4 fed that he was present when Arnold
4 bought the whiskey and saw him pay
for III. Witness thought there were
four persona present at the time. State
i rested. a & s5 sS %
Defense called George Perrin who
Testified that he had a conversation
with Arnold relative to this case.
i Witness was not allowed to testify
further. Defense rested and case went
to- the jury who retur led a verdict oi
guilty. 4
State VS.. Frank Coyle charged with
I grand larceny. Defendant by his at
torney n. II, Cres we'll moved to be al
lowed TO with draw his plea Of not guilty
and enter the plea sof guilty Of petty
Larceny. which motion was recon.
1 mended by the states attorney and ap
proved by the court. Defendant re-
ceived his sentence at 9:3O q. M, yes,
terday, and will serve 5 days in the
county jail and pay q fine of 800 and
costs amounting 70 $50 and il the de
faultsof such payment will serve &C
days additional. 4.
State ys. Momberg s. Bauer charged
4 with maintaining q common nuisance
took up most 81 yesterday, State called
George Mennie who testified as to the
4 locatio Of the bull ding ia which de
Efend dants Quoted their business.
\ George H. A Atkirs was called and