Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-29
MORE PRISONERS FOR THE PEN.

MORE PRISONERS FOR THE PEN.
Grand Forks Term OF the District
4 Court Brings Forth Several candl-
4 dates for the Penitentiary. :, ( =
4 Sheriff Turner Of Grand Forks, with
three deputies, brought i've prisoners
to the pen yesterday afternoon. The
prisoners were: ~
1smar Bruce. hold.up thug, sentenced
to seven years and six months.
4 G. A. Carlson, hold-up thug, SEN
fenced to seventeen years and three
months. Z. "' Y
G. n. Foster, robbery, sentenced to
seven years and six months.
G. H. Hicks, grand larceny, sentenc.
Ell to ten years and six months.
John Murphy, grand larceny, SEN
fenced to four years and Six months.
This array Of prisoners was the re-
suit of the recent term of court at
Grand Forks Of which the Herald says:
Tuesday afternoon Judge Fisk pro-
nounced sentence on the prisoners
named in the above list and the men
sentenced to the penitentiary were
taken to Bismarck on last evenings
train by Sheriff Turner. -. .,...s.
y, Ismar Bruce, who was found guilty
Of holding up 16 men in the soft
drink establishment of Paddy Hursh
at Niagara, was first arraigned. Be-
fore sentence was passed he declared
that he was not guilty of the crime.
that he was not in a condition to Sc
cure witnesses necessary to prove that
he was innocent, and, that the testi-
mony of the states witnesses was
false. He asked the court to make
his sentence as light as possible. At
torney Feetham also made a plea for
a light sentence for Bruce.
Judge Fisk stated that the crime
for which Bruce was convicted was a
serious one and the court could not
see why he should be lenient with the
defendant. He then sentenced Bruce
to serve II years and six months in the
state penitentiary at Bismarck.
| C. A. Carlson, who was convicted OF
being an accomplice of Bruce in the
Niagara robbery, when asked what he
had to say declared that he had never
been guilty of any crime and that he
had always worked for living.
Attorney Feethtam, the prisoners
attorney, moved that no judgment be
entered at this time for that the court
had erred in his charge to the jury
with reference to the weight thai
should be given to testimony regard
in the good character of one accused
of crime.
The motion was overruled by Judge
Fisk. The court said in his opinion
the defendant was about equally al
guilty as Bruce. He then sentenced
Carlson to serve II years and three
months in the state penitentiary.
r. G. Hicks, convicted of grand lar
ceny committed on a Great Northern
train near Niagara, had nothing tt
say, but his attorney, G. A. Bangs, who
appeared with General Standish in thu
case, filed a motion for an arrest Of
judgment in the case. He claimed
that the law had not been complied
with relating to the fling of informa
ton and that as q result of such fail
ure the case should have been dis
missed. He also claimed that no pre-
liminary hearing had been held as re
Quined by law. An adjournment had
been taken for four days, notwith
standing protests of defendant, and
despite the fact that the law requires
that an adjournmen, cannot be taken
for more than three days. States At
| COluOy "lAOWdA EOpIACU UI10Ay W IAS
contentious of Mr.. bangs.
Judge Fisk denied the motion of the
attorney for the defendant, and in
sentencing Hicks to serve eight years
and six months in the penitentiary
stated that he believed the defendant
to have perjured himself during the
trial in district court.
| C. H. Foster, convicted of assisting
in the robbery Of a passenger on the
Great Northern train near Niagara
had nothing to say. His attorney, G.
A. Bangs, made motion for arrest OF
judgment. This was overruled by the
court. Attorney Bangs claimed that
the court had made a prejudicial err
/ ror in refusing to allow the cross-ex
animation of Complainant Perry. The
attorney believed that the sentence OF
I Foster should be lighter than that OF
Hicks because it had not been shown
that he had taken as active part in
/ the crime PIE a h IVA %.,s3ts5 # 4 #