The Dickinson press., 1905-04-15
DISTRICT COURT.

Mandan next week, but he is try
ing to get some district Judge OF
the state to come to his assistance
and thus enable him to keep the
work of court going in both
places.
The Italian case, started last
Friday, was given to the jury
Monday afternoon. 1t will be
remembered that Charlie and
Josie Collette were charged with
shooting Raphael Damorc at
Knowlton last fall. The defend
ants, brothers, we're captured by
!. A. Reynolds, a N. p. section
foreman, some hours after the
shooting at a point some miles
southeast of Knowlton. The
men we're both armed and pro-
visioned. Charlie was placed on
trial, his brother tcstifying in his
behalf. Self defense was set up,
and Attorney Simpson made a
strong fight for his client. The
jury was out six to eight hours and
returned a verdict of guilty of
manslaughtcr in the second de-
gree, which will give Charlie one
year in the pcnitcntiary. He
should consider himself lucky.
If Josie is wise he will plead guilty
(if allowed to by the state and
seek to get the same sentence as
his brother. These Italians claim
to have families in sunny Italy.
Considerable money has been
sent them from Chicago and other
places with which to defend them
selves.
The State VS.. Geo. Fisher was
called Tuesday afternoon and the
jury was secured the following
morning. L. A. Simpson as
sisted States Attorney Mcbride
and H. C. Berry defended
Fischer.
John Sem, Jr., testified to being
with Ignaz Patti the night of Jan
uary Is when it was charged that
Fischer assaulted plaintiff. He
stated that Fischer waylaid Patt
in the street and beat him over
the arm and head with a stick.
Fred Bonner identified the stick
introduced in evidence as the one
which Fischer had taken from his
house the night of the trouble,
DR.. Perkins testified as to being
called that night to dress wounds
of Patti, consisting of broken nose,
fractured arm and wounds about
the head which he thought had
been inflicted with a stick of some
kind. Mrs. Bonner also identified
stick as one taken from her home
saw Fischer striking Patti with il
in the street nea her house. She
stated that when Fisher came tc
her home hunting for the stick he
said that he wanted it to lick a
dog. Plaintiff called, stated that
he was II years of age, and that
in warding off the first blow in.
hicted by Fisher in the street his
arm was broken. The SECOND
blow inflicted broke his nose anc
caused him to fall to the ground
and while down he was struck
about the head with a stick seve.
raj times. The state rested.
H. C. Berry for defendant stated
to the jury that he would prove
that Patti was aggressor in the
trouble of January IS.
Geo. Fischer called, related
how he met with Patti the nigh.
of January Is at neighbours ane
played cards. In a conversation
he said to Patti, "You and E. F
Messersmith are bad people,
whereupon plaintiff struck hin
across head with cane. He trie<
to get stick (same as cane intro
duced by defendants attorney
but was prevented by a man wh'
held him from behind. Fische
also stated that when he encoun
tered Patti in the street he antici
pated that a neighbor was takin,
the part of the old man and h
had armed himself with a sticl
He stated that Patti struck hir
three times before defendan
struck with stick. He also sal
that Patti struck him with his fist
after they had fallen to the groun
in a grapple. On cross examin;
ton Fischer talked a great de;
and gave damaging evidence t
himself. He said that Patti, O
the outset, told him to go ava
and let him alone. On dire<
examination Fisher had swor
that nothing was said. 1t w;
also brought out in cross-exan
ination that Fischer had arme
himself with a three-foot boar
and that he struck Patti with i
Fischer also stated that in tn
neighbours house, before the stree
trouble, he was on Patti pullin
his whiskers, when some one pulle
him off and he IA very angr
toward that person but was nc
mad at Patti in the least.
DR.. Fisher called, said that l.
attended defendant in Jail tt
morning of January 10 and foun
that his left ear was torn, tt
bridge of his nose lacerated, al:
his left cheek, and found a lun
on his head the size of a hen
egg. On being shown the broke
cane he thought it might ha,
been the instrument used in i
ficting all the wounds. On eros
examination DR.. Fisher said tn
he did not dress any of Il
wounds.
Joseph Gaab related how in h
house Fischer referred to Pa