Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-10-15
SUPREME COURT in SESSION
Bismarck Term Opens With Arguments in Habeas Corpus
Case From Walsh County-Ihe Calendar Con-
tains Many Very Important Causes

Under the section of the code that
provides that public warehouseman
who takes grain on storage or sale
and fails to redsiver its equivalent
either in cash and grain of the same
kind or grade is guilty of grand lar
ceny, James Ballemy, Jr., or Drayton
Pembina county has been arrested fol-
grand larceny and through his attor-
ney, G. G. H. Corless of Grand Forks
appeared before tho supreme court
Monday and asked for writ of hab-
eas corpus, claiming that he was un.
lawfully imprisoned and that the war.
rant did not state public offense
or that the testimony did not disclose
a public offense. The complainant in
the case is Jos. Macarthur, who de-
| livered wheat at the elevator of the
Drayton Milling company and receiv.
ed tickets therefor Subsequently the
Drayton Milling company and al.
though Macarthur made a demand for
his wheat or its equivalent, the wheat
or the money was not forthcoming
The prosecution for grand larceny was
brought and Bellamy, as one of the
directors, was arrested on the charge
of grand larceny. This is only one of
a number of cases that are pending
as a number of farmers had grain
in the elevator of the milling COM
pany and failed to receive their pay.
Under the law of the state failure
of warehouseman to pay for. grain
received or delivered it constitutes
grand larceny. Judge Corless held,
in arguing the case in court, that it
was constructive grand larceny, pure
ly creation by the statute and not
coming within the general definition
of the crime. He asked that his client
be released from imprisonment.
'Magnus. Brynjolfsn, states attorney
for Pembina county, appeared for the
state.
| The matter was argued and sub
mitted to the court for its decision.
I The regular session will convene
today and subject to changes that
may become necessary through SUBJ
mission of causes by the waving Of
oral argument and to cases being fin
ished earlier than expected, the cal
ender will be called for argument as
follows: 49,, ....,u..--..,n
Tuesday, Oct. 18th.
State VS.. Nelson, from Eddy county.
The Attorney General and Maddux &
Rinker for the appellant the state;
P. M. Mattson and s. E. Ellsworth,
for defendants. = 9s
Mariner VS.. Wasser, from Stutsman
county. Carr & Kneeland, for plain
tiff and respondent; Geo. w. Thorpe
and s. e. Ellsworth for defendant
and appellant. .SS
Foster County State bank VS.. Hes
ter, from Foster county. s. e. ELS
worth, for defendant and appellant;
T. F. McCue, contra.
Wednesday, Oct. 10Th. s.{
Buchanan VS.. Minneapolis Threshing
Machine Co., from Foster county.
Turner & Wright for defendant and
appellant; T. F. McCue and s. E.
Ellsworth, contra.
State of North Dakota VS.. School
District No. SO, Barnes county, from
Barnes county. The Attorney Gener
al and Andrew Miller, Assistant Attor.
ney General, for plaintiff and appel
liant; Turner & Wright, contra. .
Owens VS.. Doughty, from Foster
county. T.. f. McCue. for defendant
and appellant; Turner G Wright
contra S sza s n
s#ss Thursday, Oct. 18th.
Force VS.. Peterson Machine Co.
from Mclean county. Turner &
Wright for defendant and appellant;
M. G. Spicer and Geo. q. Gibson
contra. ~ \.
! Aber VS.. Twichell, as sheriff OF Cass
county, from Gass county. Turner &
Wright for defendant and appellant:
Barnett & Richardson, and J. w. Tilly
contra.
i Muir vs.. Chandler, from Cass coun
ty. R. M. Pollock for plaintiff and
j appellant; Barnett G Richardson
contra. We
Friday, Oct. 18th. IS
Cole VS.. MINI. Loan & Trust Co.
from Ward county. Barnett & Rich
ardson, Burke & Middaugh and Fran
els Murphy, for defendants and appel
lants; David R. Pierce and L. w
Gammons, contra
State Of North Dakota VS.. Dah1quist
from Cass county. Engerud, Holt
Fame. for defendant and appellant
the Attorney General and Barnett
Richardson, contra.
Soliah VS.. Cormack. from Trail coun