The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-06
ROONEY not TO
HANG JUST YET
HIS CASE CANNOT BE HEARD UN-
TIL OCTOBER.
Appeal to the United States Supreme
Court in Behalf of Murderer
How a Law Passed by the Legisla-
ture Has Affected a Noted Criminal
Case in North Dakota.
Special to The Journal.

Fargo, N. D., Jan. 6.-John Rooney,
murderer, gets a new lease of life. His
attorneys have received notice from the
clerk of the United States supreme court
that the case cannot possibly be heard at
this term and will be put on the calendar
for October.
Rooney was convicted of the murder of
Harold Sweet of White Earth, Mimi, in
Fargo In August, 1902. He was SEN
fenced by Judge Pollock to be hanged.
In the meantime the legislature had en-
acted a measure providing that all death
penalties should be carried out in the
state penitentiary, instead of in the coun-
ties where the crime was committed, and
that the time between the imposition of
the sentence and the execution should be
six months instead of three, as formerly.
This law was passed subsequently to
Rooneys conviction and prior to his SEN
tence. When Judge Pollock discovered he
had made a mistake, he had Rooney
brought back from Bismarck and re-
sentenced, according to the terms of the
new law.
Rooney's attorneys contend that the
prisoner was convicted under one law
and sentenced under. aother, which pro-
v1des an additional punishment in that
the new law says the prisoner must be
confined in the penitentiary at least; six
months after being sentenced before he
can be executed, while the old law said
hanging could take place within three
months. The attorneys assert that the
addition of three months Is an extra pen :
atty The case was appealed to the
United States supreme court and the
Rooney hanging, which was to have taken
place last fall, was postponed.
Seven Hundred at the A. c.
There are already 700 students enrolled
at the North Dakota Agricultural col
lege The institution is crowded because
of the inability to erect additional build
1ngs last fall on the refusal Of State
Treasurer Mcmillan to cash the war
rants.
David Fifeld was arrested on the
other side of the river charged with steal
ing a fur lined oYercoat in Fargo He
admitted his guilt, and told the officials
where to find the property. Fifeld had a
ticket for the east, but says his home is
IN southern Minnesota and his family is
prominent.
The board of education has instructed
superintendent Logic to resume fire drills
In all the city schools. The drills were
formerly regular, but had been dropped
under the new superintendent.
Breach of. Promise Case Settled.
The Aitcheson breach of promise case
has been settled out of court. Sarah E.
Aitcheson was left 4 widow five years
ago. Later she became engaged to her
husbands brother, David. The family
bitterly opposed the match, as it was
against their religion for, man to. take
his brothers widow for a wife. Family
influence finally prevailed and David quit
The widow sued him for damages and
more that fifty witnesses had been sum
moned, but the case was settled out OF
court by the defendant paying the costs
Incidentally William Rossy>who. has
been a sutton for Mrs. ~Aitcheson's hand
is in jail Mrs. Aitchesonc liked, her
prother-in-law better than Ross and he
resented his rejection. He is said to have
slandered the widow and was arrested
One of the conditions of the breach OF
promise case settlement was that the
bondsmen should surrender, Ross, and he
is now in Jail.