The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1904-01-22


that defendant was one Of the unfortun-
ates whose case went to prove to the
people of this country that any drink
sold as bervage which contained even
the smallest amount of alcohol was a
violation Of the prohibition law.
y In the case OF the State vs. Fred Pow
ers. who plead not guilty to the charge
Of conducting gambling house. the
defendant withdrew his pea of not
guilty and entered plea of guilty
The court, fined him $50. and costs of
the action amounting to $50 and in
case of failure to pay such fine and
costs to serve thirty days in the county
Jail.
Just at this point the grand jury
brought in two indictments. the nat
ure of which were moi. made public.
and the bail in each case was fixed at
81, 500.
The case of the State vs. VIM. Brown.
charged with grand larceny. was TAX
en- up and the. .prosecutioncalled Arthur
Perrin, who swore that he lost horse.
single harness and rubber tired buggy,
on the night on which Brown left O.
memee. He said the buggy was worth
about $50, and the horse 800. He
said that he traced the buggy from his
barn, down the street, and north to-
wards Bottineau about fifty feet, where
it had turned around and gone south to
the bridge, just outside of town and
had then turned east three milesl and
from there passed south into Willow
and on the west side of the town, con
tinueing south. Mr.. Perrin testified
that Marshall Rice was with him. and
that they traced defendant to York
where they found the buggy and horse
in the livery barn. He said that the
barn from which the horse was taken
was about sixty feet from his house.
Fred Rice was called and said that he
went with Perrin and arrested Brown,
who was then in charge of constable
Former of Knox He said that Brown
told him on the way back that he had
tried to sell the horse at Pleasant
Lake.
George A. Former of Knox was call
e. and esifed that he arrested the def
endant in Knox and that he came there
with the horse and the rubber tired
buggy. .@ tE ..4t@, ..+~ .. +.~
Frank McDermout took the stan6
and swore that he was working in the
barn where Brown put up the horse
that night and he described the horse
and buggy as bsing the one taken from
Omemee.
The defence opened their ease bysin
forming the jury that they admitted
the taking Of the property, but Were
going to set un plea of insanity
The defendant, VIM. Brown, took th'
stand and swore that heh was twenty
three years of age, and was born il
Philadelphia, Penn, was a painter b.
trade, and that he came from Montan;
to Omemee. He said that he worked
for Henry Zuleger before the time q
his arrest. When asked about the tax
ing Of the horse, he said that he did no
remember anything about it. until hi
was told of the occurance after he wa
brought back. He said the first thin'
he remembered was when he was ar
rested. Witness said he was subjec
to spells of dizziness and that he coul'
not remember anything during thes
times, He further testified that he wa
in the battle of San Juan Hill ant
that He was wounded by piece o
flying shell and that this was the caus
{ of the dizzy spells. rs He testified tina
he was in the hospital about three week
when he took the yellow fever, ant