Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1904-01-07
COURT PROCEEDINGS.
Sm oil CaIander for the Consideration
At This
Term.
MORNING SESSION.

MORNING SESSION.
Judge Glaspell convened the January
term Of court at the court house at 10
O'Clock this morning. There are butl7
cases on the calendar for hearing at
this term most Of which are not jury
cases. Several cases were called and
were continued for cause.
The only case which was disposed
of at the morning session was that Of
w. H. Doyle, plaintiff VS. Frank Suchla,
an appeal from Justice court, in which
case the decision of the lower court
was reversed.
James B. Rice who has been in the
county jail for sometime awaiting a
new trial was again brought into
court and publicly notified by States
Attorney Baldwin OF the charge pre-
ferred against, which was that OF
assault with a dangerous weapon.
The defendant retained Knauf &
Knauf as attorneys and the case will
probably be heard 1T this term Of
court.
Before the court adjourned for the
noon recess the judge excused the jury
till 10 a. m. tomorrow.
The case OF the state against Fred
Smith and Theo. and Arthur Roberts
for taking up estray horses and not
advertising same as provided by law
came up in the district court. Nels
Nichols was the prosecuting witness.
States Attorney Baldwin appeared for
the prosecution and stated the sub
stance Of the information that the
horses had not been duly advertised
nor the county notified within ten
days from the taking up of fsaid estrays
as required by law and several news
paper men OF the county were sum-
mOned to prove said statments from
the files Of the county papers. The
state s attorney said the proceedings
had been commenced bY his predeces-
sor in the Office and that the state
would show misdemeanor under the
law. Attorney E. w. Thorp for de-
fendant moved the case be dismissed
on the grounds that the information
of the states attorney was defective in
. number Of particulars and objected d
to any evidence being introduced: that
the information did not state that the
defendants were not the owners OF the
stock, nor that owners were unknown;
that the complaint does not state
facts that constitute a crime, and
that the law requiring the notice Ct
such estrays to be given to the county
auditor was not in offense charged.
Judge Glaspell sustained the Ob-
lection and discharged the defendants,
and dismissed the jury that had been
drawn for the hearing of the case.
Leave was granted to the states at
torney to file a new information in
the case. The court adjourned until
10 a. m. Wednesday.
At the opening Of court Wednesday
States Attorney Baldwin filed Ian
information against Fred Smith and
the Roberts brothers, charging them
with taking up estraysl- and not ad-
vertisinR them. This is the same
matter which was brought before the
court yesterday and which was tenn
p0rarily dismissed on account of a de-
feet In the information. The defen-
dants through their attorneys, 1horp
and Th0rp, asked for the statutary
time OF twenty.four hours before
pleading and their request was grant,
ed.
The case Of State VS. Zenius Payne
was then brought in for trial before a
jury. States Attorney Baldwin hav-
ing been counsel for the defendant at
the preliminary examinationIwas dis
qualified from acting, and Marion
Conklin, under appointment by, .the
court, is conducting the case for the
Site. Attorney Ellsworth is defend
Ing Payne.
The defendant is charged With the
crime of rape In the second degree.
The prosecuting witness is Lena May
Pratt. daughter Of George Pratt who
lived q few miles from Courtenay un-
til last July, when he left for parts
unknown, q warrant for his arrest on
. criminal charge being in the
hands Of the officers. At the last
term Of court in July, Payne was con-
victed on q bastardy charge on the
same alleged facts on which this pro-
secutiOn is based, and the present &C.
ti0n was then ordered to be brought
against him by the Judge Of the dis.
trict court. The defendant has been
confined in the county jail for the past
six months.
In the present case, the age Of Miss
Pratt at the time the alleged crime
was committed, In February 1903, Is