The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1905-01-27
not been IN the country for a long

~ --
not been il the country for long
time. sEs sa s III ;4s go sss 81 "a 80 80 rs q
d Hans w indoms testified that he had
known defendant for four or five
years, that he met McCaughna at the
time Bacon was arrested. Saw de-
fendant driving bay horse. saw the
horse in possession of the sheriff and
defendant admitted it was the same
horse. Said he got it from Hoffos.
Witness did not see the buggy at the
time. Saw it afterwards and there
were clippings of horses name in it,
Said he asw defendant on tie evening
of September 9 driving the horse.
He had a red-geared buggy with black
box. Knew horse next time he saw it
because of scar on front leg.
Clara johnson testified that she lived
in the mountains and went for drive
with defendant on the evening of
Septebmre 8. Did no ask him where
he got the horse. ~ -.
Thomas Gardner testified to the de-
fendant's escape from custody. q.
johnson swore that he knew defendant
and that he and Knudson have a pas
ture field together, that when Nc
Cauhgna took the mare away Window
said to Bacon "that is the mare you
had the night I saw you and Bacon
said ''may be-" Buggy was found
about eighty rods from house where
Bacon was arrested. Part of a horses
name was found near there. 4
Ole Solem testified that he was pre-
sent when buggy was found. Defense
introduced little testimony and case
went to the jury. They were out IS
minutes and returned a verdict of
guilty. Sentence to be passed at 10
a. m. on the Goth. ......
In the case of the state w. John
Knackstad case was dismissed on
motion of the states attorney 81. 49,,
The attention of the court was called
to the case Of Ella and Sophia Erickson
in which habeas corpus proceedings
we're brought on the ground that the
justice failed to endorse on the COM
mittment the charge on which the de-
PENDANTS were bound over. The writ
was granted. -
Sam Dunbar made application for
the money found on the person of John
Lee viz. $49.25 Lee claimed part Of
the money was his but the court Or
dered it paid to Dunbar. n,
In the case of the state vs.. Thomas
Dixon, defendant was asked il he had
any objection to his case being carried
over term owing to he fact that Judge
Goss appeared in motion for a con-
tinuance.. Defendant was willing and
the case was carried over term. y
In the State VS.. Robert Mills and
Patrick Mccartney charged with grand
larceny, towit, the stealing of wheat
from the granary of Dan Mclean the
prosecution called as its first witness
Dan Mclean, who testified that he and
D. H. Hanson went to the g1anary on
the 10th of November and found that
the wheat had been lowered about three
feet at the door and he was able to
touch the floor with the shovel. They
found the tracks of two wide tired
wagons and followed the tracks right
into Mills yard. There was a good
deal of dust and light frost that made
the tracks plain and easily followed.
Hanson was with him when he went
to track the wagon. They went back
to the granary and got their teams and
waited there until Mills and McG affney
were within six or eight rods of the
granary. Mccartney asked witness if
he wanted to ride into town, witness
said he did not and then told Mills he
had lost wheat. Mills said it was too
bad : when man raised wheat that he
could not have the use of it, Hanson
came up and asked what they had
there Mclean told him to look and
see. Hanson got up on the wagon and
looked at the wheat and asked Mills
what grade he was getting. Mills
said No. 8 northern, Hanson said they
we're getting No. Northern for the
same kind Of wheat, Mclean then
told Mills that be could go on to town
and he would go along and see what
he could do. Mills said 'salright, If
you think there is anything crooked a.
bout ityou had better push it, Han
son followed Mills and Mccartney in
to town and Mclean got horse and rig
from his brother and went in and swore
ont q warrant and with the, deputy
sheriff met the defendants about three
quarters OF mile from town and ar
rested them. The wheat was brought
to town and examined by elevator
agents Helgerson and Cole. Witness
further testified that when they fol-
lowed the wagon tracks to Mills yard
the wagons loaded with wheat vvaras