Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-07-30
DISTRICT COURT

La 'Moure, N. d., July 20 (SpeciaD
Judge Winchester convened the
La Moure County district court at
2 O'Clock in the afternoon Of July
23d., This county is in Judge Burke's
district, but on account Of extreme
pressure of business it was impos.
sible for him to come to La Moure
and hence requested Judge Winches-
ter tb act for him at this term. The
term opened with 35 Jurors at hand.
The calender contained 80 civil cases
and II criminal cases, but some deep
slashes into 1t were made on account
Of the fact that the attorneys were
not ready to proceed.
The first case to be taken up was
No 8 on the civil calender, that of
Gustav P. Lee against the Northern
Pacific railway company, The
suit was brought for SITS damages,
for the loss of chestnut mare,
weighing about 1900 pounds, alleged
by the plaintiff to have been. killed
by the defendant on its tracks be.
tween Dickey and Grand Rapids
in May, 1904, by a train of its cars.
Mr.. s. E. Ellsworth of Jamestown,
represented the plaintiff and allowed
him the full damages asked i. also in
terest thereon at the rate of. seven
per cent per annum from May, 1904,
until paid. X
For several days against Gotfried
Zundell has been OCCUPYING the atten-
ton of court and jury. At the pre-
liminary hearing, last May, the
charge against the defendent was Sc
duction but from the disclosures of
that hearing the states attorney filed
an information against him for rape,
and he is being tried for that offence
at present. JIM
The trial commenced on Wednes-
day and went to the jury Saturday
noon. The prosecution was repre-
scented by Mr.. R. w. S. Blackwell and
James M. Austin, while the defend
ant was represented by Messrs. T. A.
Curtis and George P. Jones. The case
was tried behind closed doors and
was bitterly fought, the evidence of
the State being contradicted at al
most every point by the defendent.
1ne prosecuting witness, Lydia Deg,
can not speak a word OF English,
neither can a number Of the other
witnesses, and the testimony had to
be taken through an interpreter, the
court reporter acting in that capacity.
A child was born to the girl in Feb.
ruary, 1907, but fortunately died a
week afterwards. AS is usual in
such cases, the community has taken
sides one way or tie other, either
condemning or upho1ding the defend
ant. The prosecuting witness, her
family and all the witness, are
country people residing in the same
neighborhood, Sin the hills" of La
Moure county, as it is called. 4 4:
The judges charge to the jury
was given shortly oeIore noon on Sa-
turday. = 4
At o'clock in the afternoon the
jury brought in a verdict of nc
guilty in case of the State of North
Dakota against Gotfried Zundell for
rape and the defendant was dis
/ charged from custody.
Two condemnation cases started
by the Northern Pacific Railway Com
pany against Fred CornweL, ct. al.
| and William Raisbeck, were consoli
dated and will be tried at the same
time. A jury is being selected thi
Saturday afternoon
The cases involve a railroad RICH
of way through the northwest quar-
ter of section 35 and the southwes
i quarter of section s, township 134
range ga, for the N. P. extension
from Edgley to Streeter. An amics
>0ble understanding in regard to tn
/ damages could not be arrived at, s
| that it was necessary to appeal t
I the court for a decision as to tn
correct damages that should be al
, sessed.
/, The cases will probably be shoI
? as there is not much evidence nece
sary 10 place the issues before
jury. 334 ~ &.s>.-