Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-03-23
THE: SMUGGLING Case
Evidence In kataiinsky and Birnten
Case All In at Fargo.

EVioSnce IN Nata{ihSky ana BlFnfen
Case All In at Fargo.
Fargo Call: The evidence and
arguments in the case of the Canadian
government VS.. Messus. Birnsten and
Katalinsky were concluded yesterday
afternoon and U. S. Court Commits
sioner Montgomery took the cases I'M
der Amusement, stating that he would
render his decision this morning
The defense in the two cases is
technical. Attorney Barnett for the
defense stated that while he would
not say the defendants had not COM
mitted crime, he was of the opinion
that the attorneys for the crown had
another guess coming as to the prop
er charge to bring against the men
and so far as he could see there was
no course for the court to take but
to dismiss the actions.
Attorney Townsend made a strong
argument, holding that in his opinion
there was no question as to the prop
er charge. He believed it to he grand
larceny. The state had made the ad-
ditional charge of taking property by
false pretenses as a precautionary
measure. Mr.. Townsend stated that
the evidence showed that when the
defendants made the deals with
Messrs. Hamilton and Ellis for the
purchase of the horses they alleged
that they resided in Canada and in
tended to secure the patents Of their
claims in the fall, whereas they had
previous to the time of the purchase
filed on land in North Dakota and
made arrangements for removal to
the United States, clearly misrepre.
senting the facts to the gentlemen
from whom they purchased the
horses.
Attorney Barnett held that so long
as they had obtained legal possession
of the horses and given securities fol
the animals, it was immateriaI
whether they kept the horses DIR
Canada or in the United States. The
lcrime of grand larceny could not be
brought against them. Attorney
Townsend argued that so icng al
there was fraud in the purchase
either by deceiving in giving informa
ton or deception in concealing i'm
portant facts, there was grand larceny
The giving of testimony and making
arguments has taken several days
Birnsten was placed ON the stant
yesterday and denied testimony give1
against him by Kataainsky, expressed
Ignorance OF the conditions stated ii
the notes given by him on the pur
chase of the horses and stated h
thought he had right to take thu
horses into this country.
: Unless the attorneys for Natha,
, Birnsten succeed in securing his re
lease from the custody of the fedora
authorities on writ of habeas corpus
the prisoner will be turned over II
the Canadian authorities for rial OF
the charge of larceny. No decision
has been reached in Katalinsky'
case. Commissioner Montgomery sal,
this morning that he had taken tn,
Katalinsky case under advisemen
and would not pass upon it until afte
he had reviewed the testimony.
The attorneys for Birnsten will az
peal to Judge Amidon for a writ O
, habeas corpus compelling the fedora
2 authorities to produce their prisone
( in court and show cause why h
: should not be released. In the even
4 that the court holds that Birnsten j
: legally held, the proceedings of tn
i hearing will be forwarded to WASH
+ ington to be finally settled by the de
S apartment of justice. .o
/ Birnsten and Katalinsky< wi
: meantime be remanded to jail t
await the decision of the authoritie
lat Washington.