The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1905-01-27
JURY make QUICK WORK
Of HORSE STEALING CASE
Isham Bacon Found Guilty After Brief Delhi.
GRAFTON of Jury. Evidence Very Strong
Against Him. His Defense Was
Very Weak.

The case of the state vs.. John Lee
was taken up at noon on Thursday of
last week and the prosecution called
Samuel Dunbar as its first witness.
He testified that he went to his granary
on March 10th and found about so bu-
shells of wheat there. He had put 500
bushels in the granary the fall before.
He sent team there to get what was
left on the morning of March 18th but
they found it had been removed. The
driver returned to SouIis and got him,
Dunbar. and also gave him two pieces
of sleigh shoeing they had picked up
at the granary. They went back and
tracked the team to within a mile of
Bottineau where they met the defend
ant going west. He had span of
horses and span of mutes. They
came on to Bottineau and got the de-
putty sheriff and went back. They
caught up with defendant at Jacob
Dalen's place and arrested. him. On
the way back to town the defendant
offered to work for Dunbar and settle
for the wheat but witness told him the
case was in the hands of the state and
could not be settled. Witness further
testified that he measured the shoes of
the horses and mules, and also the
tracks ut the granary and that they
corresponded exactly. He said that
they examined the sleigh and found
piece of shoeing gone and that he
helped to mark the pieces of shoeing
and turned them over to the sheriff.
Henry Alvozza, who worked for Dun
bar at the time referred to- took the
stand and corroborated the testimony
of Mr. Dunbar. R. A. Parker testified
that he arrested defendant near Jacob
Dalen's place, that when he told de-
fendant he had orders to take him
back to Bottineau Lee said II knew
the Jig was up as soon as saw YOU"
Lee told Parker he had been to the
mountains for load of ice but was
told the ice story would not go down
as there was wheat in his wagon box.
Witness remembered the conversation
in which Lee offered to work for Dun
bar and pay for the wheat. Sheriff
Gardner was called in an attempt to
prove that Lee made an attempt to
escape after his arrest but as he could
not testify tnat it was before the Sec
ond charge, that Of assault upon a
jailor. the evidence was stricken out
Deputy Sheriff John McCaughna
was called and related a conversation
that the defendant had in Burr's Office
in which he offered to plead guilty
to petit larceny.
G. "A. Martin. agent Of the NJ. and
N. elevator. testified that defendant
was the man who sold him the load
Of wheat on March 11tn under the name
Of John Smith. He said the load con.
tanned. &C. bushels and graded No. q
Northern and that he paid defendant
$51.48. Mr., Martin further said that
he bought several loads from the same
man.
At this point the state rested it's
case.
The defense called William Bailey,
who swore that John Lee got his team
to so to the mountains for ) load Of ice
at about o'clock on the morning Of
March 11th. He saw defendant start
east and knew nothing further.
John Lee was called in his own de-
fence and told truly wonderful tale.
He said he left souris on March 18th
to SO for q load Of ice and when about
Il miles from Souris he met man
who claimed to be a Canadian, who
had broken his sleigh and that this
unknown fellow offered him 80 to take
the load e Bottineau. Afterwards
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