The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1905-03-03
:DOINGS OF
THE COURT
Many Gases Disposed
of During the Present
Term Which Opened
On Feb. 23rd.
DIXON CASE
DISMISSED.
"A Change of Base on the Part of
the Prosecuting Witness Made
it Necessary to Discharge Dixon

the Prosecuting Witness Made
it Necessary to Discharge Dixon
At the opening of the February term
of court on Thursday of last week there
we're twenty. -four criminal cases on the
calendar. Of this number, eleven were
taken off the calendar on account of
being old cases that had been con-
itinued from time to time or ones in
which the defendants were fugitives
from justice. In the case Of the state
vs. R. B. Stewart the Indictment of
the grand jury was set aside by Judge
KneeshAw. In the case of State vs..
Odell the cash bond was forfeited and
ordered paid into the county treasury.
The case of the State vs. Samuel
Doering was dismissed on demurrer,
the complaint failing to state in proper
terms the nature of the offence.
Tne case of State vs.. w. D. Nichol-
son, charged with forgery in the third
degree was dismissed on demurrer.
A like case against the same defendant
was dismissed on motion showing that
the Grand jury which returned the
indictment da ted February 9Th,
1908. was dismissed on February 7th.
that being the last day of the term for
which they were drawn. The case
against Bert Smith for violation of
the prohibitory law were dismissed on
motion of States Attorney Bowen. as
defendant is now serving time for a
similar offense.
+ The State vs: Thomas H. Dixon,
charged with rape, was called and a
jury secured. Messrs. Blood and
Woodward used ten per m p tory
challenges in securing jury. The
State used two. Several witnesses
were introduced but proved hostile to
the prosecution. The complaining
witness, Lulu Lounsberry, a niece of
defendant, and the alleged victim, had
so completely gone back on the story
she had first told and proved SO hostile
to the state that States Attorney
Bowen moved the Court to instruct a
verdict of not guilty. In his speech
Mr.. Bowen paid glowing tribute to
ex-States' Attorney Burr and ex-
pressed the opinion that defendant
would receive exact Justice before a
higher court than those that mortal,
know. This sentiment brought forth
vigorous applause from the audience
which caused the Court to reprimand
the enthusiastic ones. The outcome
of the Dixon case is generally unpopu.
lar.
This cleaned UP the criminal calen-
dar except for three cases. Of these
the case of State VS.. Ernest A. Hall,
charged with rape, was carried over
term, the court holding that Judge
Goss was not disqualified. The case
of State VS.. G. G. Carlson for attempt
ing to obtain money under false preten-
ces, was continued over term as Judge
Goss is a material witness aud could
not be present at this term.
The case of the State VS.. John
Johns, charged with rape. went to
the jury at noon yesterday. After be-
ing out two hours they returned ver-
dict of not guilty.
There were ninety five cases on the
civil calendar at the beginning of the
February term. OF this number ff-
teen were settled out of court and four
were stipulated to the county court.
In the suit Of n. j. Warner and
Son vs. Caroline Beery, which in
volved a question Of law. the plain
tiffs were given Judgment and per-
mitted to foreclose their mechanics
lien.
". D. Nicholson won his suit
against the Imperial Elevator Co, !,
q directed verdict for $3.50 was
entered. D ss's.sf Ss3ss s.ssi 81