The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-19

WAN tAO IIlol anu CCNulIluS vi
Tysver, case of much local interest
was closed. All along there has been
feeling that the Grand Forks boy
was unjustly accused of the crime,
and when the verdict was returned, it
did not come as a surprise.
The case started last December.
Some time prior to that julius Tysver
and Mitchell Thompson had gone to
Mondak, intending to file on land.
Tysver, however, engaged in the
saloon business, while Thompson re-
NAMED in the city. Up to Dec. he had
not been sober with the exception of
one day, that being on Dec. 3. Along
In the afternoon of that day, Thomp-
son had delirium tremons, and it was
decided by Tysver that he should go
to the sanitarium in Grand Forks for
treatment. Thompson agreed to the
arrangement provided that Tysver
would accompany him to this city. In
the afternoon of Dec. 4, between 4 and
o'clock, Tysver and Mueller, his
partner in business, took Thompson
to the depot. He was placed on the
train, and the conductor was given
a $40 bill to take him to Grand Forks.
At Buford, when Thompson learned
that Tysver was not with him, he got
off the train, walking to nearby
grocery store. He remained there
about an hour and half, hiring
livery rig for Mondak. He went to
the Terry saloon in Mondak, remained
there for short time, took several
drinks Of whiskey and became intoxi-
Gated. Blake Gage and Terry assisted
him to the Tysver saloon where he
was placed in a chair. Tysver, who
had gone to sleep, was awakened and
told of Thompson being In the saloon.
He did not believe it at first, but
finally came down and took care of
Thompson. He was again taken to
the depot, and tickets were purchased
one for Grand Forks and one for
Williston. Thompson was placed on
the train by Blake Gage and julius
Tysver with the assistance of a man
named McNab. While placing him on
the train, Thompson's head was
caught under the step of the car. On
getting into the smoking car, Thomp-
son was placed in the corner seat,
where he remained until the train ar
rived at Buford. Just as the train
was slowing up there, he fell to the
floor. Tysver then left the train,
walking back to Mondak. After the
train left Buford, the conductor walk
ed forward to learn how Thompson
was, and found him dead. The body
was laid out in the car, until Willis
ton was reached when it was turned
over to the authorities. At Williston
post mortem examination was held
on the body; a coroner's inquest pull
ed off resulting in the blaming of ].
Tysver and Blake Gage for the death
of Thompson. The arrest of the two
men followed. At the preliminary
hearing they were bound over to the
district court with no bail. The SUI
preme court of Montana was applied
to for bail, and it was admitted in the
sum OF $4,000 which Tysver furnished.
Since then he had been out of Jail,
while Gage had been confined in the
Valley county bastile up to his dis
missal.
On March z the work of securing
jury was started. The regular panel
was exhausted, and three special VEN
Tres were used up before jury was
secured.
w. H. Mann was the first witness
called by the state. He exhibited
plat, showing the location of buildings
in Mondak.
He was followed on the stand by
Albert P. Rounse, who is lumber
dealer. Rounse testified that on the
afternoon Of Dec. he met three men,
Tysver. Gage and Thompson going to
the depot. He said that the two men
were forcing the third along. He was
about twenty feet from them. When
he got by them, he turned and looked
back, and saw what he supposed was
a beer bottle In the hands of one of
the men. He also testified that it was
quite light at the time. On cross ex-