The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1904-04-29
CIRCUIT COURT TERM
Two Criminal Cases Against Fred l..
Stevens Were Dismissed on
Motion Of Attorneys.

The regular term OF circuit court
convened Tuesday at 10 O'Clock
with Judge Frank b. Smith on the
bench. Jacob Koch was the new
sheriff on this occasion. The mem.
bers of the jury were present and
there we're a number Of attorneys
present.
Judge Smith called the crimina.
calendar first, taking up the two
cases against Fred L. Stevens, or
the charge OF accepting deposits in
the bank of Plankinton when he
knew it to be insolvent. AT the
November term uf court Mr.. Stevens
was tried on the first indictment and
was found innocent. He was also
found guilty on the same Indictment
about is moths ago, and on taking
the case to the supreme court he was
granted a new trial. III. c. Preston,
OF the lirlu of Preston s. Hannett,
who appeared as the attorneys i'm the
case for Aurora county at the pre-
vious trials, made a statement to the
court of the previous facts and adj
ded that there being no new facts to
be brought out in succeeding trials
asked that the two cases against.
Stevens be dismissed and stricken
from the calender, and which the
court ordered to be done. So after
four years of being before court Mr..
Stevens now has his freedom entire
ly. The defendant and his attorney.
Judge Aikens, of Sioux Falls. APP
peared i'm court.
When court convened i'm the after
o at / 30 O'Clock Gus Tremaine,
Fred Gregory and Archie Sharp we're
brought before Judge Smith on the
charge of damaging school property.
The court gave the boys a severe rep
rimand and gave them their liberty
on the condition that they conduct
themselves properly in the future or
he would bring them up again and
place them where they would be
good.
There are % cases on the civil cal
endar and Judge Smith went through
the list With the attorneys to ascer-
tain which were 10 be disposed of.
Ten of the cases will be heard by
the court. four will be heard by the
jury, five were continued, n will
be heard by a referee, two were dis
missed, and three were settled.
The first case to come before the
jury vas that Of Lawrence Kerley
VS.. Philip Germschied, both resid-
ing at Ethan. Father Kerley brings
suit against Mr.. Germschied for
ST, OPS damage for violently assault
ing him on July %, 1903, and for
breaking his eyeglasses, valued at S25.
Tuesday afternoon the evidence in
the damage case of Father Kerley
against Philip Germschied was placed
before the court and jury. Judge
Aikens and A. q. Hitchcock pre-
sented their arguments to the jury
the evidence that had been SUBJ
mitted and it was about S O'Clock
that the jury retired after receiving
instructions from Judge Smith. 1t
required but an hour for the jury to
arrive at a verdict, which on being
presented IN court announced that
it was i'm favor of the defendant,
Philip Germschied. From the evil
dence it did not appear that there
vas much ground for damages, as it
was represented that all Germscheid
did was simply to stand by one of
the laborers who was at work on the
Catholic residence and. exchange a
few words. Father Kerley, on dis
covering Gremschied on the prem
Uses, went over and ordered him off,
that he was disturbing the workmen.
A slight scuttle ensued and nc blows
were struck.
The cast of b. Il. Mowerv against
the Milwaukee road was taken up at
the opening Of court this morning.
Mr.. Mowery is bringing suit to re-
cover sl35 for the killing of five head
of cattle bv a train. The attorneys
are 1 j Spangler for MI. Mowery
and 'r+.'An \ Hannett are looking
after IL interests Of the railroad.