Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1904-01-22
TIL An BUSk CASE.
jury Disagrees and s New
i rial 4. has s. = 6s,e1n I [ 4 ! Or
dere
The wenatohee Wa.h. Republio 81

Jan. 18th. says:
So The case Of tho State 70. Chas. Van
2Buskirk was called Tor trial. before
Judge Martintfn the Superior Court
Tuesday: Owing to the heavy snow in
che mountains and the morning pae-
senger train due here $3.50 NOT arriv-
ing till evening. number Of the
witnesses were unable to get here till
about noon when they came down
from Leavenworth on q freight train.
Consequently court adjourned but was
called again at 1880. when ell were
on hand. + .4==~s>.. r.. .,:s..@ =
Charles Van Buskirk sis the man
who struck II. D.. Castlebury on >: the
head with brick during quarrel
at Leavenworth> on October 49, The
testimony which was all brought in
Tuesdaysafternoon went to show that
Van Buskirk and q friend were box.
ing in a saloon at that place when
Castlebury. whom the testimony
shows to have been drunk. came in
and wanted to: box too He was a
stranger to them and they refused to
have anything to do with him. he
insisted and row ensued in which
Castlebury drew q knife and attacked
Van Buekirk. The latter managed
to get away without any serious in
jury and left the place altogether.
Testimony shows that he afterward
came back toward the saloon, and
near the entrance met Castlebury,
who still had the knife in his hand.
The trouble started again and when
Castlebury rushed at Van Buekirk
with the open knife and tho latter
threw brick which he had secured
after leaving the saloon. It struck
Castlebary no the side Of the head and
he fell unconscious. Drs. Mccoy and
Hoxie performed an operation remov-
ing large piece of bone. but the
patient died without regairing con-
sciousness.,
Van Buekirk was tried on the
charge Of manslaughter. He was EN-.
Iployed on the Great Northern = at
EEeayahworthSup to the time OF his
t1iktfest and WI thaodx xht ofbys ~
TALL :. He is a tall, fine looking man,
about a6 years of age. and much
sympathy has been manifested for
him in his predicsment. Prosecuting
Attorney Frank Reeves represented
the state in the case while Van Bus
kirk was ably defended by Fred
Grimshaw:> The testimony was all
In by five O'Clock and Frank Reeves
opened for the state. at the con.
olusion of his argument court was ad.
journed until Wednesday morning,
when the defendants counsel were
heard. Frank Reeves then closed fol
the state and the case went to the
jury about 10 o'clock. -
The jurors who were serving In
this case are: e. P. Zimmerman,
Charles Brown. NJ. W. Perrine, D.
". Roderiok, D. G. Wilson. A. s.
Burbank, Geo. Coles. E. A. Nichols,
Bert Courtway, W. T. Irwin, Frank
Scheble and E. f. Chernolte.
The witnesses for the state were
Geo. Blooksedge. F.. F. Keller anl
Or. <Hoxie: for the defendants were
Messrs. Christman, Neild,> a Mr. and
Mrs. Smith and DR.. W.: NJ. Mccoy oI
Leavenworth.
After celebrating for five hours
the jury failed to agree and so re-
ported to court. We learn from un
questionable authority that the jur,
stood five for conviction and seven fo1
accq1ital. After reporting they were
dischar Qed. !. <r~:> <....>
Van Buskirk will nowhave new
trial. ~ <*3%<~
.Q