Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-03
(Continued from Third Page.)

| ~ NQnG1nueQ tN0m s1Nlr0 F1&e.) ~
be error. The court in its syllabus
says:
In trial for robbery where the de-
PENDANT besides denying the commits
sion of the acts charged claims that
he was by reason of intoxication in
capable of forming an intent, 1t is
error to instruct the jury in effect
that the intent to steal should be
conclusively presumed from the I'M
lawful and forcible taking unless the
defendant was SO intoxicated as to be
incabable of forming an intent.
Appeal from the district court Of
Cass county, Charles A. Pollock, J.
M. A. Hildreth, for appellant.
Carl N. Erich, attorney general, and
w. H. Barnett, states attorney Of
Cass county, for respondent.
In the supreme court today the
Whittemore lisbarment case was pre-
scented to the court by Attorney Cor
liss of Grand Forks for the prosecu-
ton and Attorney Scott Rex of Grand
Forks for the defendant. This is a
case brought to the attention of the
court some time ago by Attorneys
Corliss and Tracy Bangs of Grand
Forks. Various charges of unprofes-
sional conduct were made against
Whittemore, who has been an attor-
ney at Rugby for some time and is
now states attorney of Pierce county.
Acting under its usual procedure the
supreme court ordered the committee
of the state bar association to take
testimony in the case and this was
completed a short. time ago. There
is voluminous mass of testimony,
covering nearly a thousand type writ
ten pages. This will be filed for the
information of the court.
One of the charges made against
Whittemore, and one that was pre-
sented at length to the court by
Judge Corliss this morning, was that
he had obtained money from one
Kolstad, who had done some work on
mill for a man named Lestikow at
Rugby, for instituting proceedings for
the foreclosure of mechanics lien.
1t is alleged that Whittemore satisfied
the lien and that Kolstad never re-
ceived any money nor was he able
to obtain any satisfaction from
Whittemore. Whittemore claimed to
have instituted foreclosure proceed
ings but the plaintiffs claim they were
never instituted. Another allegation
made in court this morning was that
Whittemore had signed a contract to
pay one of the Witnesses in the case
$3.50 for testimony favorable to the
defendant. THIS contract was pro-
duced in court. The defense claims
this forgery and that one of the
persons alleged to have witnessed it
never existed and that the other
name is likewise forgery.
The defense claims Andy Jones of
Rugby is at the bottom of the proceed
ings. against Whittemore and that he
has a personal grievance.
For the defense Attorney Rex pre-
sented the case this afternoon. Up
on the conclusion of the testimony
the court adjourned sine die and no
more cases will he heard at this term.
---
All railroads running into Mime
apolis and st. Paul have quoted an
open rate of one and one-third fare,
for excursion tickets to the great
Scandinavian 18th of May Festival,
to be given in the Swedish Tabernacle
in Minneapolis, Wednesday, May 18th,
at 8 o'clock p. m. Ten Swedish and
Norwegian church choirs will com.
pete for prizes to be voted by the
audience. Governor Johnson Of Min
nesota and Jno. w. Arctander will
speak. A special message from Presi.
dent Roosevelt to the Scandinavians
OF the Northwest and special greet.
ings from King Oscar Of Norway and
Sweden will be read at the Festival.
Excursion tickets can be obtained at
all stations in this county, May 18th
and 18th, and are good to return up to
May 18th. Reserved seat tickets (at
rs cts.) for the festival, can be obtain.