Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-10
case IS KNOCKED OUT OF COURT
The Action Against States Attorney Patterson Brought by
E. e. Patterson Dismissed and Costs are
Taxed Up Against the Accusef
I'D Patterson, on the Stand, Admits That He Had no
Personal knowledge But SWOFe to the Com.
plant on Hearsay Evidence

cused was aware of the sale of liquor,
from his own statements.
On examination by Mr.. Stevens the
witness said he had knowledge of
the matters set forth from converse
tons of the accused. The affidavit
had been prepared by Attorney
Bangs. He had made statement of
what he knew and they had prepared
the affidavit and he had signed it.
Judge Young then wanted to know
if the affidavit was based on the wit
ness general. informant ton. +.
n Yes.
Was part of IT obtained from the
accused himself?
Yes. b. 5,.5 5S5;s
Did the accused ever say to the wit
ness that the accused had been in the
room known as the pig?
No. q
Did he ever say to the witness that
he had gambled?
No. .ss I.
Did he ever state that he had been
offered evidence and had refused to
prosecute a liquor case?
~ No. 81
Judge Young then asked the dis.
missal of the case on the ground that
it was plainly apparent that; the affi-
daVit had been basca CT information
and belief and not on positive knowi-
edge and that it, was not such an
affidavit as would give the court
jurisdiction s55s:.. s5ss
The matter was argued at some
length by Attorneys Young and New
ton for the defense and by Attorneys
Register and Stevens for the prosecu-
ton. y. a. ',#
Judge Pollock, after a considera-
ton Of the case, in which he referred
to numerous authorities, stated that
the question as it stood before him
was whether such an affidavit was
sufficient to base this proceeding and
in an opinion delivered carefully and
Chicago, May Sd Close wheat, May
at some length held that it was not,
that the case was one that required
a positive verifcation, and dismissed
the case.
The Costs in the Case.
The question of costs was then
gone into and Attorney Townsend
Iargued It at some length for his client,
finally observing that under the
courts findings in the case the only
logical decision would be, he sup
posed, to tax the costs against the
complaining witness, whereupon the
court observed that he certainly
wanted to be logical and would 50
order.
Before finally passing upon the case
Judge Pollock denied motion of the
prosecution to amend the complaint,
Ito the effect that the accused had
beem in rooms in the Grand Pacific
and that he had bought and paid for
liquor there. A number of witnesses
had been summoned with reference to
this matter, and Judge Pollock said
The would deny the right to amend the
accusation, without ruling on the
question Of whether such testimony
would be permitted.
What will be the costs in thescase
l is not known. A number Of witnesses
4 have been subpoenaed from Dickin
I son and other points and their fees
will be included in the costs as vel
as other statutory costs in the case
4 Judge Pollock directed Attorney
4 Newton to prepare an order COVERING
4 the payment Of costs in the matte
and that he would settle it and sign i
before he left the city, expecting II
4 be here for a day or SO.