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

that it was like the one that had been
purchased at the Chicago Clothing
Store. The State rested:
The defence called R. H. Paul who
swore that he arrested the defendant
inS Westhcpe, said that defendant was
tall and slim with dark hair, as des-
cribed to him. Witness eaid he ar
rested The defendant on the description
given by the justice of the peace. He
said that when they got to souris
defendant asked to go into the store
alone and see if they recognized him.
Defendant went in and bought shirt
from the clerk and then witness went
inland asked Hartstein if this was
the man. Hartstein shook his head.
Witness told him to go and take a
good look at him. Hartstein did so,
and then went over and talked with
the clerk. They both came back and
said that he was the man. He said
that defendant made a roar when
arrested and said he was not the man
but that he knew who it was They
went to the phone for description
thinking Hartstein was mistaken.
Witness said that they could not hear
very we'll over the phone but the des-
cription was about the same as was
given him before. He said that this
was the only man around Souris an
swering to this description, but that
he never saw him with a sweater
on like the one in question. A. E.
Glass was called and said that defend
ant left suit of clothes in his tailor
Shop on the forenoon of November 3rd.
and at the time was dressed in over
aus and sweater with orange stripes aud
that he was dressed in the same man.
fef the next morning when he called
for his clothes. Willie Rindeau was
the next witness and said he heard
them talking about bad bill that
was passed and that he saw the de-
fendant around the poolroom about
that time.
John Dwyer swore that he was at
Westhope and 'phoned in ON Novem-
Der 4th for defendant to come out and
that he did so and stayed there until
arrested. The defendant was called
and testified that he was in Souris on
November 3rd. and was in Hartstein' s
store the day before trying to get a
suit of clothes but could not get pants
long enough. He swore that he never
saw the bogus bill before. A black
sweater with an orange stripe was pro-
duced and he swore that it was the
one he wore on November 3rd and 4th
while his clothes we're being cleaned
and pressed. tine only suit he had.
He said that he left for Westhope on
the 9Th of November and stayed there
until the 14th at which time he was
arrested. He said that Dwyer was
mistaken as to the day. He said that
he went into the store after he came
back and bought shirt and that he
asked the clerk if he knew him and
he said he did not. He said that he
was the man that was looking for a
suit of clothes. The clerk then said
that he remembered him and that he
could fit him out now. Witness said
that he was not doing anything at the
time but had worked for Trambly in
the restaurant beside the bowling alley
On cross examination he said they told
him he was the man that passed the
bill and when he first went into the
store he stood 50 that Hartstein had to
look around him to see the clerk but
that Hartstein did not speak. Wit
ness said that he was in Westhope two
weeks before the 2nd of November,
that he never made any deal for nit
tes with the clerk and did not remem-