Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1905-02-16
THE JURY IS DISCHARGED.
Henry Howard Convicted Of Rob-
berry and Shooting Grimes Gets
IS ~ Years In the psnitentiary.

Judge Burke having disposed Of a
considera BILE amonnt of old business
in addition to the new cases on the
calendar. The jury was discharged
and received their per diem. and
were enabled to return home for Sun
day.
A jury was secured in the case of E..
Delafeld Smith of Darlington VS..
Scott Wilson of Melville, the case
being for recovery on a note of $500.
The defendant, by his attorneys,
Knauf & Knauf, set up a claim of
material alteration Of the note as to
the interest rate and had several ex-
pert witnesses to prove that the same
had been altered. Attorney White of
Darlington represents plaintiff. The
note is said to have oeen given to
another party first, as commission
on the sale of land. The alteration, it
proved, is said to vitiate the payment
of the note, in law.
The jury in the case of E. Deletield
Smith, of Darlington, VS.. Scott Will
SOD, brought in a verdict for defend
ant. The jury found that there had
been material alteration Of the note
for $500 on which the suit for pay
ment was brought. The alteration
consisted of change in the rate, in
serting II per cent. interest, and by
the insertion of the place Of payment.
The note was originally given to
White and Craven, and the altera-
tions we're made after the note had
been signed. -Four or five business
men of the city testified as to their
belief that the changes had been made
as above mentioned. The verdict as
it now stands relieves the defendant
from payment Of the note. An ap-
plication to the court was made by
the plaintiffs attorney, Mr.. White of
Darlington for 60 days stay OF pro-
ceedings in which to file notice of a
new trial or an appeal.
The case of Jno. Kolstrom VS.. Geo.
Bouer, j. H. Cooper and Peter Haas,
to determine law and fact, was before
the district court Friday. Lee Combs
OF Valley City represents plaintiff,
and Parks and Olsberg defendant.
The jury in the case Of Howard
charged with shooting at Merchant
Croonquist at Kensal last, summer
found the prisoner guilty. He was
defended by Attorney Parks. The
evidence was such that the jury could
only follow the conclusions developed
by Prosecuting Attorney Thorp, and
render verdict accordingly. Howard
was convicted of the charge of robbery
at a former trial at this term and his
sentence for both crimes is likely to
be a long one.
There is more food for reflection for
those who are thinking of committing
crimes against their fellow men, In
the case of Howard, who will spend
the best years Of his life behind iron
bars, for the excitement and chances
of getting away with little i'll gotten
money belonging to somebody else.
Judge Burke sentenced Henry
Howard to long term in the state
penitentiary on two convictions. On
the first charge of robbery. Howard
was septenced to l-2 years i,nprison-
ment, and on the second charge Of
shooting with an attempt to kin Mr..
Croonquist of Kensal, the court sem
tenced Howard to 10 years, the sec
ond sentence to begin after the expi-
ration Of the fist. With good be-
havior Howard can finish his term
after IL years Imprisonment.
Il In passing sentence on Howard,
Judge Burke took occasion to state
that as long as he was on the
bench, sentences that he might
be called on to give in punish
ment of this class of criminals, would
be increasing In severity and he;
desired to warn all evil doers that the
crimes Of robbery, hold-ups, and
shooting affrays, such as Howard had
been convicted of would not find any
palIiatton in his court. The Judge
let it be undersood plainly that the
lives and property OF residents Of the
state, and the safety Of these honest
harvest hands who come to his state
for work in the summer and fall
should be protected as far. as lay in
his spOWer. 3 III
Judge Burke took up the consider
alton sof asnumb Der of court cases after
the jury had been q harged.
The disposal Of court cases will be
resumed 81 the Judge next week and
will prob bly, take q couple OF days
Asnumber Of attorneys throughout
the district have ma tiers coming be-
foIs the q and BE- EeaId lslL,sI sinS