Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-05-19
DISTRICT | COURT

the most interesting witness being
the mother Of the defendant.
The jury in the Ghenoweth case is
as follows: William Pennel, Herman
Erickson, Martin G. Hagen, Peter VIII
cox, 1Nels White, Geo. Robidou, B. "a.
schwab, jr, VIM. 3. Lipts, Ernest
Mcclure, Robert Williams, J. c..
Ritchey, F. W. Korn.
Yesterday Afternoon. IS. Ia I'd
J. w. Follis, ! sheriff Of Billings
county in 1902, was the first witness
and testified that Judge Winchester
turned the accused over to his care.
ii. w. Brown, who was deputy sheriff,
at that time, told of the condition OF
the county Jail and how one day that.
mansion was found empty, with the
door locked on the outside, Cheno-
weth having taken leave without per-
mission. H. Gilbert, who in 1892 was
the magistrate who bound Chenoweth
over to the court, and is now clerk Of
the court for Billings county, was on
the stand when court adjourned for
+, the day. ~ ri, r. =. d.: ~.. =. p
Judge Winchester then opened
court and States Attorney Patterson
moved the sentence of J. G. Mcintyre,
the young man who pulled the CUR
on Paul Charlebois at the Grand Pa
cific hotel. Mr.. Patterson spoke of
the good reputation Mcintyre had in
Oakes,j his home, and asked the
leniency of the court. In passing
sentence the court spoke of the
gravity of the offense and said that
owing to the request OF the prescott
ing attorney and to the past good
record of the prisoner, he would make
the sentence as light as was consist
ent with justice and moderation, and
fined him $3.50, he to stand convicted
until the fine WAS paid. The prisoner
I was remanded TO Jail and his friends
4 will raise the price of his liberty.
i liberty. 5.l %4t4.
Before the Chenoweth case was re,
sumed in district court this morning
j. SB. Lang and Charles Klein were
brought in for sentence for forgery
both having pleaded guilty, and to the
surprise of everybody Klein said he
had decided to change his plea OF
guilty to one of not guilty, whereupon
his attorney, Andrew Miller, I with
! drew from the case. Both men
I were then remanded to the custody
lof the sheriff pending further pro
! ceedings by the court It would ap
lpear that Klein has been lily advised
I as the evidence against him is sc
/, strong that a conviction is almost a
4 foregone conclusion, and a trial will
I only make cost for the county.
il \ The prosecution in the Chenowetl
4 case recalled some of it's witnesses tt
:! further elucidate as to the escape OF
the prisoner from the Medora Jail in
3l902 and then rested. :s~% : Z. I -
/ Sheriff Reid Of Billings county, told
] of the capture of Chenoweth at Gas
4 per, Wyoming, where the prisoner
had gone to meet his mother, and OF
2, his return to the Medora Jail, and how
The had escaped by the aid of con
4 federate who furnished him a cast OF
the keys of his CELL @(
I Mrs. Chenoweth, the mother of the
defendant, was the first witness fol
i the accused and made an excellent
witness for him. She was given a
free rein by the court to tell her story
which she did in a straightforward
IWay, evidently striving to be just and
4 fair. The prosecution objected te
.tsome Of her testimony regarding the
4 Insanity in her husbands family, but
4 the court, while sustaining the OBJ
Election In a way allowed the witness
Ito go on. The witness told of heI
marriage to her husband while he was
a captain in the Union army in 1864
and of his and her life thereafter. He
belonged to prominent Virginia
4 family and volunteered in the Union
army at the outbreak OF the war while
all the rest of his male relatives
i Joined the south. This, she said wor
i ried him greatly and he could moi
Isleep for fear Of meeting his relatives
i In battle, he was constantly haunted
3lby this fear and at times his mind
was 50 affected that he was moi
Irresponsible for some OF his actions
/ and came near being cashiered fol
4 them. She related the history oi
mental arrangement. which she said
twas hereditary in her husbands
4 family and cited individual cases; told
of the death by suicide last year Of
/ her sisters insane son, OF the death
Iof her own little girl ID infancy al
brain fever and Of the mental break
4 down under study of her oldest son
land his Anal f5esfh From nssuY1,S, iau