The Dickinson press., 1904-10-22
JURY SELECTED.
Three Days Consumed in Selecting u men
to Decide Ciemie's tate. Trial May
Last a Week or More.
Billings County Case Decided in Favor
of Med0ra.

ChaS. J. Hartell, charged with kllllng
Ole P. liner, were arraigned on the
charge of murder.
Messrs. Campbell and Simpson ap-
peared for the prosecution and Messrs.
Crawford and Hildreth for the defense:
The defendants were given until
the next morning in which to plead.
Fred Smith and Daniel Gordon were
arraigned on a charge OF grand
larceny. Capt. Gregory was appointed
to defend them. They were charged
with stealing twelve pairs of shoes
from the Northern Pacific Railway CO.
The defendants were allowed till he
following morning to plead.
Frank Mckenzie and Joseph Fisher
were charged with burglary in the
third degree. VIM. Baker was ap-
pointed to defend. These defendants
were charged with breaking into a
railroad car. The defendants were
given till the next morning to plead.
Francisco Canto, a Mexican, who
could not speak the English language,
was charged with forgery. Mr.. Hill
dreth, who acted as judge advocate in
the Philippines, made an effort to in
terpret the charge. but could not sue
cted very we'll, and retired from the
field. (
Will Davis, a colored man, was
charged with forgery. Mr.. Berry was
appointed to defend. The defendant
pleaded not guilty.
Court adjourned.
Tuesday.
B. K. Clinic. charged with the MUIR
der of o. P. liner: was brought into
court.
Messrs. Hildreth and Campbell filed
a motion to dismiss the case on the
ground that the defendant had had
no preliminary examination by a
magistrate authorized to hold such ex-
animation, and further that the infor-
nation was not filed by an officer hav-
ing authority so to do.
Mr.. Hildreth addressed the court in
support of his motion. He said that
Mr.. Campbell as states attorney Of
Stark county, had not the slightest
authority to file the information be-
the alleged offense was commit
ted in the u~norganized county of Will
liamS, and if an information were filed,
it should be filed by the acting states
attorney for such u~norganiZed county.
Mr.. Campbell in reply said that the
unorganized county of Williams is at
tached to the county of Stark for
judicial purposes, and it is the duty
of the states attorney to prosecute
this case. He commended that the law
passed at the last session of the legis.
lature providing for special appoint.
ment of states attorney for the unOr.
ganized counties is unconstitutional.
Mr.. Simpson also opposed the motion
of Mr.. Hildreth.
The motion was denied by the court.
The attorneys for the defendant then
filed a demurrer to the information,
which was denied.
The defendant then entered a plea
of not guilty. Both sides announced
themselves ready for trial.
In the cases against Hartell and
Brown, charged with the same ~offense.
similar motions were filed and over.
ruled, and the defendants then pleaded
not guilty.
An information was filed against H.
B. Schaffner, charging him with unlaw.
fully killing a heifer belonging to
another person, last July. Mr.. Regis.
ter appeared for the defense. The
defendant was given until Wednesday
morning to plead.
Court adjourned till 1870 D. m.
When court assembled at 1870 }. m.
the Mexican, Francisco Canto, was ar
raigned on a charge of forgery, and
he pleaded not guilty.
The case of the State VS.. Clinic was
then proceeded with after the jury
list had been called.
The first juryman to enter the DO,
WAS 6WQrd 1Df urhN 1;voe Q ~o;1or
south of Taylor. Has lived in the
county ten years; read about the cast
in the papers. Knew VIM. liner bu
never had any business relations will
him. Juror was born in England
came to the United States in 1880
Does not know the defendant. Coul(
try the case fairly and impartially
without any feeling in the matter
Vas not opposed to the death penalt,
for murder. Had n 10 opinion as to tn,
guilt or innocence of the defendant
Never served on a jury in a crimina
case. Did mot attend the preliminar
hearing or coroner's inquest. TIL
juror satisfied both sides.
VIM. Johnson of Belfield is a stoc
raiser. Has lived in North Dakot
four years; before that he worked o
the railroad in Montana. Was Dor
in Sweden. Had heard of this cas-
n read Of it in the papers. Ha
talked with nobody that claimed t
know about the case, and had no opil
ion as to the merits of the cas-
Would think Clinic would have to e
on the stand and prove his innocenc'
Did not know whether the defendar
was presumed guilty or innocen
Would let him go if there was a doul
in his mind as to the defendant
guilt. The defense challenged tn
juror for implied bias, which challene
was denied. The defendant perem
torily challenged the juror.
c. w. Palmer, who lives IL milo
east, has lived in Stark county a We;
n a half; was born in Wisconsi
Had read some about the case, abo,
the time the %coroner's inquest W;
held. Believed a man should be pr
sumed innocent until he is prove
guilty. Did not know VIM. liner Il
defendant. Had no conscientior
scruples against the death penalt
Had never served on a jury befo1
He suited both sides.
A. L. Esse of Taylor is 80 years o.
in the implement business. Was on
a justice OF the peace, but never h;
a criminal case. Had heard about t.
case but did not read anything abo
it, as he was sick at the time it {
Cured. Had no impression as to W
is right or wrong, but could try t
case fairly and impartially. Wou
like to get off the case, but knew
good reason why he should. Knt
VIM liner, Slightly, also the defer
ant. Knew one about as we'll as t
other. Juror was born and educat
in the United States. Only knew
liner a year. Had dealings with h
a year ago last spring. Never had a
trouble with him. Could act fai
and impartially. Had no objectic
to the death penalty. The defer
peFemptordly challenged the Juror.
Harry Harleman, 81 years old,