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


about any conversation with the clerk.
On cross examination defendant said
that he was in Granville and that
while there he was nick named John
Carr, and that it was a name he had
had since he was boy, but that he did
not go by that name. When asked if
he pulled down his cap to shade his
eyes before going into the store he said
that he did not and that he had his
coat open all the time. Joe Trambly
was called and said that defendant
had cooked for him in the restaurant
for three weeks and that he was with
him on the 2nd of November. He
said that defendant usually wore a
sweater with orange stripes John
Dwyer was recalled and said that it
was by taking the day of the week
that he had made the mistake, and
that it was the 9Th that defendant
went to Westhope.
Defence rested and the state called
in rebuttal Albert Elhae. who testified
that he knew defendant in Granville
and that he was called John Carr,
that is he heard him called that name
and he answered to it. R. H. Paul
took the stand and said that defendant
had cap on when he came into Sour
is and that before going into the store
he turned the flaps up and pulled the
cap down so that it shaded his eyes.
Sam Klaske was called and said that
he remembered defendant buying a
shirt but could not see his eyes. He
said they had some conversation about
the suit but that he recognized him
as the man before this He said that
when he said neatly dressed he meant
clean and tidy. He said that defend
ant kept cap pulled down until he told
him to pick out the shirt.
Bert Hartstein also swore that the
defendant had his cap pulled down to
shade his eyes when he came into the
store. The state rested and the case
went to the jury, who. after being
out for some time. brought in ver-
dict of not guilty and the defendant
was discharged.
VIM. Brown, who had been found
guilty of grand larceny, was then
called and sentenced to fifteen months
in the the penitentiary at hard labor.
Guy Bassett was called up and ar
rainged on the charge of maliciously
killing sheep and also on the charge of
perjury at the preliminary hearing.
To both charges he plead not guilty.
Court convened on Monday morning,
but owing to the storm it was found
imp5ssfblesto proceed as good8Slnany
of the jurors and witnesses we~e un-
able to get in from the country. A
recess was taken until 30 when the
case of the state VS.. Otto Gajewski,
charged with grand larceny, was called
and jury secured. It was found
that number of material witnesses
were absent and the court adjourned
until Tuesday morning. This case
came up on an indictment by the
grand jury, and the first witness in
behalf of the state was Geo. Whiting.
He testified that he lived west of One
NEE and was acquainted with Chris
Mattson. whose farm joined him on
the west. He sold Mattson "a bushels
of flax in the fall Of 1901 in twelve
new ''Stark A sacks. He said he
was over to Mattson house about the
3rd or 4th of March, 1902 and that the
flax was gone and that there was a
sleigh track near the window and flax
on the window sill. He said that he
was acquainted with the defendant
and that he saw him the day before
the fax was supposed to have been TAX