Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1906-02-01

In the circuit court last Thursday
evening John Miller appeared before
Judge Mccoy and changed his plea
from mot guilty" to guilty of simple
assault" aud the judge sentenced him
to a fine of $15 and costs, which was at
once paid.
The case of the State of South Dakota
VS.. George Sherwood went to the jury
at supper time Thursday evening The
jury returned to the court room about
10 o'clock. Judge Mccoy, the court Off
GERS and the attorneys for the state and
defense were present. The verdict as
announced by the foreman of the jury
was that the defendant was guilty of
simple assault. The jury was polled
and dismissed. Court adjourned until
Friday morning.
Robert Sullivan, who was convicted
of running a gambling house in Pier
pont and sentenced to pay a fine of $50
and costs or to serve twenty-five days
in Jail, has taken up his abode with
Sheriff Gross as his friends failed to
come with the necessary money to
set him free.
Court convened at 8 o'clock Friday
morning.
Judge Mccoy sentenced George Sher-
wood to ray a fine of $40 aud the costs
of the action amounting in all to STA 70.
The next case called was that of the
State of South Dakota VS.. Charles
Alberts and Bella Davis, who were
charged with an assault with a revolver
with an attempt to kill.
States Attorney Sears made the open
ing address to the jury,
Judge Mccoy had previously appointed
John III. Lund and l.. III. Woodwork as
attorneys for the defense.
Court took a recess until 1:30 o'clock.
Long before court was called in the
afternoon the court room was filled to
its utmost capacity with people who
desired to hear the sensational testi-
mony.
Court convened as per adjournment.
A. s. Bryant, the complaining wit
ness who was shot at six times, three of
the bullets taking effect, on the night of
September Is, 1905, was the first wit
ness sworn by the state and testified in
part as follows:
Bella Davis was his daughter. She
came to reside with him in Day county
in August, 1905. He had not seen her
before that since she was three years
old Wrote her in Michigan to come
and keep house for him Did not own
the farm where he lived. Owned four
teen head Of horses, eighty-four head of
cattle and had in 760 acres of crop. Had
money in banks In Michigan ana in
Indiana. First wrote Bella Davis to
come out a year ago last fall, and sew
eral letters followed. Told her in them
that he would leave her all he had when
he got through with it If she would
come out and keep house for him. Sent
Bella Davis the money for both she and
her husband to come out from Michi-
gan. Charles Aiberts came to his place
August 5 or 6 and said he was acquain-
ted with Bella Davis and laid around
the farm until Bella Davis came. After
she came Alberts worked four days. A
plat Of the grounds at the farm was
shown the witness and the location of
the house, barn, COW pens, clothes line,
etc., was designated by him. On Sep.
TENDER Is, 1905, he built a granary out
in the field on the place, Bella Davis
assisting him. Had supper about
o'clock. Did not notice Charles Alberts
around the place that day. Went ont
TO milk after supper. While milking
heard . voice right beside him say 'kill
him. kill him." Started to raise up
and asked, who's there?". Charles
Alberts answered, "It's me, you Old
- Give me that money or I'll
kill you," and with that he commenced
shooting and shot six times. One shot
struck breast, one in the wrist and ono
In tho groin. One shot struck the COW
Bryant was milking. Bryant reoog-
nased the voice that said kin him, kill
him." - his daughter's voice. After
shooting be started for the HOUSE know
ing that he had three guns in there.