The Bottineau courant., 1904-01-15

wages out OF the proceeds. He adni ed
that he was intoxicated when he made
the complaint and that was the rea-
son his signature appeared as it did on
the information. The proceeds of the
three loads amounted to $1O7. As and
Mills said that he received $50 from
H. s. Blood. this being the difference
between the amount he owed defendant
and the amount before stated as the
proceeds of the sale of the grain. He
testified that Banning show ed him the
checks for the grain which had been
sold and that he told Banning to go to
the Bottineau County bank and get
them cashed He also said that he
tried to get the case dismissed the
n xt day. after he had sobered mp.
C. A. Martin was called and testified
that, he bought the grain and paid
him $1O7.45. Pat Daley took the
stand and testified that. he got 500.
13 from defendant when he searched
him. Sheriff Gardner testified that
he kept the money until Banning
gave Blood an order for $50 The
state rested and the defendant moved
the court to instruct the jury to bring
in verdict of not guilty, which they
did, and defendant was dismissed.
The case of the state vs. Milton
Wheatley who was charged with vio-
laing he prohibition law. jury was
secured and the state called complain
ing witness James Mcguire, who swore
that he bought bottle of liqour from
the defendant and paid SO. 90 for it He
testified that defendant got the bottle
out of q trunk in the Office of Cain s
livery barn in Sou1is. The h tile
was produced in court and r. H. Paul,
George A. Pool, and A. &. Burr were
called to prove that it was the same
bottle that Mcguire had shown in evil
dence at the preliminary hearing. The
bottle was then opened and a small
amount of it given to Mcguire who
tasted it and swore positively that it
was whis.ey. State rested and the
jury brought in Il verdict of guilty.
The second case against Wheatley for
the same offence was taken up and as
in the first case. James Mcguire was
the complaining witness and swore that
he took man who wanted drink to
Gains livery barn and that he defend
ant sold it to him. James Jones of
Rubgy, was called and swore that the
bought bottle of liquor while in the
company of Mcguire but could not
identify Wheatly as the man that he
bought it from as it was the first time
he ever saw him. Ed. Erickson was
called and said that he met Jones dur
ing tile evening in question and drank
out of the bottle which Jones had. He
swore that it was whiskey. The jury
retired at six o'clock and remained
out until II P. NJ. and then brought
in a sealed verdict, which when opened
was found to read ''guilty''.
In the case of the state vs. Geo. l..
Virgo the defendant gave sickness as
the reason for his non appearance in
court. The sheriff was instructed
by the court to send deputy out and
bring him in if he was able to come.
He was brought in on Tuesday and will
remain here under the physician s care
until no 10 ah1e tO annaar in court
Women in History.
Hon. s. b. Mahaney will deliver a
lecture on the subject Women in
history famous and infamous in
Greiner's opera house OH Friday even
ing. January 22. The lecture is good
one and should lie we'll patronized. Mr..
Mahaney has all enviable reputation as
a public speaker. Be sure to hear him