Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-03-09
WHO'S 4 kNOCkER
Al Attorney of the City Thinks a
City Daily is Trying to In
jure Citizen.
A Signed Communication Which
Was Refused Publication
in the Dakotan.

The following letter was early this
morning presented by its author to Mr..
G. B. Billinghurst, editor OF the Pierre
Daily Dakotan with the request that
the same be published in that paper,
Mr.. Billinghurst refused to publish
the same:
Pierre, S. OAK, March 8, 1908. TO
the Edito of the Pierre Daily Dakotan
Sir: On page of your issue OF the
9Th inst. / have noticed an article rela-
tive to the case of South Dakota VS..
Harry Mitson, and because that article
is in part misleading and in effect leaves
the erroneous impression upon the pub
lie that Harry Nilsson, the defendant,
did do things relative to city gas which
involved moral tnrpitude, but which on
account of lack of city ordinances and
rules and equations prevented his con
viction of crime and punishment
therefor, | write this communication
with the view that you in fairness Will,
in your periodical publish the same, and
thereby in a measure atone for any IN
jury which your article published in
your paper of the sth inst. may have
done MIR. Nilsson.
A careful Investigation OF the charge
upon which MIR. Nilsson was tried and
by a jury found not guilty Will demon
strate to you that it was not an accnsa-
ton brought under any city ordinance
or resolution or rule, but was an. IN
formation brought under the state law
forlarceny, and that the prosecution
did not fail to prove the charge on ac-
count of the lack of amy city ordinance
or resolution or rule, shut such failure
was due to the fact that the jury We're
not convinced that MIR. Nilsson did take,
steal and carry away gas, by fraud and
stealth, with the intent of depriying
the city thereof
Itwas fair trial, a fair verdict and
all acqutttal which was not occasioned
by any technicality or flaw IN the law
or lack of ordnance or resolution or
rule, but which was caused by the fact
that the jury from all the evidence did
.not,2oelieye MIR. Nilsson guilty of any
crime or criminal intent.
8Further correcting your article | de-
sire to state that the vote on which the
verdict was rendered was six for ace
q uital aud none for conviction, and in
this connecticut have to inform you
that in this state there can be no con-
viction oracquittal in a criminal case
unless all the jurors agree.
Your article of the Sth inst is also
erroneous il. that you therein state that
"a MIR. Lee, an employee of his" mean-
ing thereby an employe of Mr.. Mtson,
was a witness for the defendant Mr..
Lee is notnoW and never has been in
the employ of Mr. MitsoH, and was
ssubpoened on behalf OF the state and
used by Mr.. Nilsson in order that all the
facts might be presented to the jury.
MIR. Nilsson is citizen of our city, a
s business man, VINO mas with his wife
cast his lot amongst us, and for that
reason and i'll order that his business
and reputation and social position may
not be Injured is this communication
written
/ take it that ifyou have without in
tent unconsciously mislead the public
by your article III your issue OF the Sth
inst. that you will be glad to publish
this communications; otherwise it may
be necessary in order to protect Mr.,
Wilson's good name and business
and reputation that this letter
be published in one of your contem-
5poraries.
Very respectfully
Burdett G. Thayer,