Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1906-02-01
could have reached up aud got clothes

could have reached up aud got clothes
off the fence.
Recross examination, Gross.
1T was three or feur hours after the
shooting that l examined the clothes
line. My attention was called by Mr..
Bryant who said he reached up and got
something off the line"
States rests.
Defense rests.
Court convened Saturday afternoon
after a recess.
Attorney John H. Luud opened for
the defendant Bella Davis. Attorney
l.. II. Woodwork argued for the
defendant Charles Alberts. States
Attorney Frank Sears closed for the
state.
Judge Mccoy delivered his instruc-
tons to the jury and they retired at
4:35 o'clock.
After being out until 400 o'clock Sun
day morning when they told the bailiff
they had reached a verdict. Judge
Mccoy, the court officers and attorneys
for the state and defense and the pris-
oners were summoned in ceurt. The
jury was brought in and the foreman
announced the following verdict:
State of South Dakota,
County of Day.
We, the jury, duly impannelled to try
the above entitled action, do find the
defendant, Charles Alberts, gnilty of
the crime of assault with intent to kill
as charged in the information, and the
defendant, Bella Davis, guilty as charged
in the information in a lesser degree
and recommend the mercy of the court.
The jury was polled and dismissed.
John II. Lund, attorney for Bella
Davis, excepted to the verdict in her
case.
Judge Mccoy announced that he
wonld pass sentence upon the defend
ants Wednesday morning.
Court was adjourned until 10 o'clock
Monday morning.
While the jury was out Saturday
afternoon in the case of the State of
South Dakota VS.. Charles Alberts and
Bella Davis, a motion was made for a
new trial in the case of +. A. Merger
and w. G. Elliott, doing business under
the firm mann and style of the Waubay
Mercantile Company, VS.. State Mutual
Fire Association, which was tried at the
last term of the circuit court and was
decided with the plaintiffs in Decem-
Der, of last year. ii. III. Potter, of the
firm of Sears & Potter, of this city, pre-
sented the motion for a new trial. @.
II. Preston, of Mitchell, appearing for
the insurance company, resisted the
motion. Judge Mccoy, after hearing
the arguments OF counsel, granted the
new trial. We understand that appeal
will be taken to the supreme court on
this ruling.
Court convened Monday morning as
per adjournment.
The grst case Monday was the Lund-
blad- Mackechine Lumber Company, of
Andover, VS.. b. p. Moorehouse. The
contention in this case was whether the
lumber bill in controversy was an open
account as contended by the plaintiffs,
or whether the lumber was furnished in
accordance with a verbal agreement as
claimed by the defendant. The jury
after being out a few minutes found for
Moorehouse on all the issues.
Monday afternoon In the case of l..
G.. Ochsenreiter and A Small VS.. John
Kotschever there was no appearance on
the pant of the defendant and the court
directed a verdict for the plaintiffs III
the sum of $50. rs.
When the case of Westheimer & Sons
vs.. Peter and Joseph Osowsky was called
the defendants withdrew their answer,
and Judge Mccoy in open court ordered
a verdict for the full amount set forth
in the comnlaint.