The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1904-01-29

Wilfred Link was called and said
that he was with Rebel and drank
whiskey furnished by the defendant,
but there was no money paid.
VIM. Hines followed and corrobbor-
ated the statements of the other two
witnesses. Pat Daley was called and
testified that he arrested the defendant
in building near the bowling alley
and in searching the place found what
he supposed was whiskey There
were Is empty and 5 full bottles. The
bottles were produced but Daley could
not identify them except that they were
sealed and labeled the same as those
he found He said that he arrested
the defendant without warrant and
afterwards swore out the complaint.
He said that John Devine, Gus Rebel,
Jas. Nc Carol. Ed Proud and Grant
Stafford were present.
Jas. McCarrol was called and admit.
ted that he drank liquor in defendants
place but saw no money paid for it.
He said that the defendant set the bot
tie on the stove and Rebel took it up.
D. A. Kippen said he drank some
thing in defendants place. He said
they called it tea but it looked and
tasted like whiskey He said that
defendant owed him for livery and that
he got quart bottle from defendant
and did not pay for it but intended to
sgive him credit on account for it, but
they had not settled up at the time the
defendant was arrested VIM. Robin
son was called and said that he bought
bottle from some one in that neigh
borhood but would not swear that this
was the place as he was not acquainted
with the location except as it's direction
from Trimble's store and this cores
ponded very nearly to the description as
given by Neville.
R. Peyton, Thos. Gardner and Grant
Stafford were called to lay foundation
for the introduction of the liquor in
evidence but the court held that it
was not sufficient, the state rested and
the defence called Dune Mcintyre who
said that the building had been moved
off the street to where it now stands
and that there were bottles in it when
defendant purchased it.
Peter Scott was called and the plat
> book introduced in evidence to show
the exact location of the building as to
Trimble s store
w. N. Gallagher said that defen dant
was placed in Jail about New Years
day.
Bert Hamilton testified that defend
! ants house was moved and that there
were bottles in it at the time he bought
it. The object of this evidence was
to show that the goods that were seized
were in the house at the time the de-
fendant bought it, Defence rests The
state called Geo. Meade who had been
subpoenaed but was not present A
bench warrant was issued for him but
it was afterwards decided by the states
t Orney that his evidence was
not material and the case was closed.
The jury after being out four hours
brought in verdict Of guilty
The case of the state vs.. A. E. Cud-
ding, charged with violation of the
prohibition law, at Souris, was next
taken up. The state called four wit
nesses, B. F. FELTON,, Herman Lobe,
A. L. Anderson and Eugene Garrison,
who all swore that they purchased
whiskey from the defendant and paid
for it. Garrison had the bottle that
he bought the whiskey in. The de.
fendant took the stand in his own be-
half and swore that he did not sell the
states witnesses any liquor at any