Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-19
Chas. Kupitz direct from tidewater
over the ice water oysters secured
heretofore under the old method.
TRIAL OF cLIMlE CASE.

'sSSN-- Vt S61W1t6 NtAoEs 81
Defense Moves Dismissal of Clinic
Murder Case at Dickinson, But Mo-
ton Is Denied and the Trial Of the
Case Is Begun.
The trial of B. K. Clinic for the muir
der of O. P. liner, ranchman living
near Dickinson, in May last, began at
Dickinson this week before Judge Win
chester of the district court. After
several preliminary motions and OBJ
jections, the work of obtaining jury
began and is still in progress. Clinic
has been in Jail here for several
months and was taken out to Dickin-
son Monday afternoon for trial. He is
being defended by Attorneys Crawford
of Sentinel Butte and Hildreth of Far
go, and Attorneys Campbell and Simp-
son are prosecuting the case.
The crime occurred on the liner
ranch. Clinic and liner had had
some trouble and ON Sunday morning
the tragedy occurred. Clinic and two
other men rode over to the liner
place. Shooting was heard and after
the tragedy, liner was found lying
under wire fence with his head near
ly blown off. It is claimed by the
prosecution that the murder was un-
provoked and that liner was attacked
as he was in field planting onions
Self defense will probably be the
theory of the defense.
Clinic was arraigned Monday even
ing. He was given until the next
morning to plead to the information.
Tuesday morning he was brought into
court and his attorneys filed a motion
to dismiss the case on the ground that
he had had no preliminary examina-
ton before a magistrate qualified to
conduct such an examination. and
further that the information in the
case was not filed by an officer having
any authority to do so. Attorney
Hildreth, in his argument for a dis
missal of the case said that the crime
was committed in the unorganized
county Of Williams and that Mr..
Campbell, as states attorney of Stark
county had no authority to file the
information In the case, but that it
should have been fled by the acting
states attorney for Williams county.
Mr.. Campbell held that the morgan
lied county of Williams was attached
to Stark county for judicial purposes
and that the states attorney of Stark
county was authorized by law to pro-
secute the case. He held that the law
passed by the last session of the legis.
lature providing for special states at
torneys for unorganized counties was
unconstitutional. Mr.. Simpson also
spoke in opposition to the motion,
which was denied by Judge Winches-
ter.
The attorneys for the defense then
demurred to the information, and the
demurrer was overruled, Clinic then
entered plea of not guilty and both
sides stated they were ready for trial.
There are two other men, Hartell
and Brown, charged with the same
offense as Clinic. These are the men
who were with Clinic on the morning
of the killing, and informations were
filed charging them with murder.
The same motions were made and de-
MED as in the Clinic case.
The work of obtaining a jury then
proceeded. A large number of jury
men were examined and the examina.
ton of jurors is still in progress. The
trial of the case will probably take a
considerable length of time.
Several other criminal cases are
set for trial. An information was
filed charging H. B. Schaffner with un.
lawfully killing heifer belonging to
another person. Schaffner was given
day to plead. Attorney F. H. Regis.
ter appears for the defense in this
case.