The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1904-02-05

took it back and gave it to Justice
Poole. The sweater: was produced and
the witness said that it was like the one
that defendant had bought. e%% The
sweater in question was a blue one with
red stripes. Witness examined the
bill and said that he never saw two
bills that looked exactly alike but
that he could tell the bill if he had
seen it, that is as to what bank it was
on. He said that he examined the
bill and read both sides Of it as it
looked peculiar. Witness said that
Hartstein was not at the till that
night as he had closed up. the, store.
He said there was no one present when
he got the bill but that Hartstein
came in after the defendant had put
on the sweater and said .sgood even
ing and passed on to the back Of the
store. This was between six and
eight O'Clock in the evening He said
that Hartstein discovered the bill when
he went to bank the money. He said
that defendant was in two days before.
looking for a suit of clothes, but
bought nothing. He further testified
that he saw the defendant in Helger-
sons pool room afterwards and that he
knew him. He said that he was look
ing for him at the time and that Hart
stein was with him. When they came
out Hartstein went to the Justices
Office and swore out the complaint
On cross examination the witness tes-
tilted that defendant was in the store
about twenty-five minutes. while
trying on a suit of clothes and that on
the evening he sold sweater to him.
he recognized the man as the one. that
had been looking for the suit of clothes.
He was positive as to asking the man
if the bill was good. Bert Hartstein
was ca lied and swore that he saw de-
fendant in the store on the evening Of
November 3rd. trying to buy pair of
mittens and that he had the sweater
on at the time. Witness testified that
he saw the bill in the till next morn
ing and took it to the bank and showed
it to cashier Hayes. He returned it
to the clerk and did not have it after
wards. He said that defendant was
neatly dressed. that he babe him good
evening" and heard him remark that
the clerk need not look for mittens as
his hands were bigger than he thought.
He swore that he could identify him
by the peculiar expression of his eyes.
and in describing him to marshall Paul
he had mentioned this fact. He said
that defendant came into the store
Saturday with Paul. Paul told him
to take good look at the defendant
Witness went up to him and recog-
nized him as the man that was in the
store on the evening of the third of
November. and told defendant that he
was the man who passed the bill. He
said that he was with the clerk in Hell
gerson's place, and asked Helgerson if
he had seen anyone trying to pass this
kind of money. Helgerson came over
and looked at the bill and said that he
had not. Witness saw the defendant
on the street the next day and swore
positively that he was the man he saw
in the store on the night of November
3rd. M. E. Hayes was called and
examined the bill and said that it was
the one the clerk gave him, that he
could identify it because he put a
private mark on it. He said the bill
was worthless. George Poole was
called and said that the bill had been
in his possession until the time he
mailed it to the clerk of court in Bot
tineau. James McGuire was called
and said that he saw defendant with
the sweater on but could not swear