Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-22


The court house was the stellar
attraction yesterday morning and
afternoon when the standing room
only" sign might appropriately have
been hung out. In addition to the
sixty petit jurors sitting in the audi.
ence there were a great many towns.
folks also present. The seats re-.
served for the members of the bar
were all filled and the twenty-five
grand jurors occupied the seats usual
ly held by the petit jury.
The May term Of the district court.
opened at 10 o'clock, Judge Winches-
ter presiding. The grand jury was
called and all were present but Z. D.
Bailey, whose train was delayed and
who did not appear until about 8 D..
m. C. D. Edick was excused from.
jury service on account Of ege
Jurors Challenged.
States Attorney Patterson chal-
lenged w. A. Falconer, Charles Paine
and John Quinlan as grand jurors so
far as the cases against p. G. Patter-
son went. and the challenge against
Paine was sustained by the court and
he will not sit when those cases are,
before the jury. The other challenges
were not sustained by the court.
The states attorney, and Attorney
Townsend, the latter appearing in be-
half of p. G. Patterson, agreed to the
jury as it then was and to the sitting.
of Juror Bailey when he should ar
rive. s.
Bell Formar1.
The court then called Attorneys
Patterson and Townsend into a back
room and when they came forth the
court announced the appointment of
J. =. Bell of Bismarck, as foreman Of
the jury, and the oath was first ad-
ministered to him and then to the:
balance of the jury.
The court then announced that he:
was about to charge the grand jury
and asked those who wished to leave.
to do SO as none would be allowed to
enter or leave the court room during
the delivery Of the charge, and bailfffs
were stationed at the doors for that
purpose. U y
Grand Jury Charged.
The court then read the law in rel
gard to calling grand juries and said
ne had been opposed to making the
order on account of the expense but
that he could see no way out Of the.
dilemma and the jury had been
called, and now he was glad to see,
the jury present. He said he con-
sidered the grand jury very inn
portant body and a great help to the
court. The Judge strongly emphasized
the oath the jurors had taken and ex-
planned their duty. He dwelt at some
length on the prohibition law and the
law creating the temperance com
miss oner and the commissioners
right to appear before the jury and
question witnesses the same as the
states attorney.
Assistant States Attorney Middle.
At this point States Attorney Pat.
terson asked that the court instruct
the jury that the acting states attor-
ney, Judge Corliss, would also be
permitted to enter the jury room the
same as the states attorney. s
The court was not sure as to the
legality Of this, and Attorney Stevens
suggested that the ruling be delayed
Until Attorney Townsend could be
present, he having left the courtroom,
and Mr.. Townsend was sent for.
The court said the law was not ex-
plicit on this point, and the states
attorney called attention to the fact
that Assistant &C. s. Attorney Town.
lsend went before the d. S. grand jury,
ito which Mr.. Stevens replied that the
law only applied to permanent as.
sistant states attorneys and moi
special council.
Townsend Opposes.
Mr.. Townsend arriving, said he was
not prepared to make an argument on
the matter but was of the opinion
that in this case the law did not ap
ply, but It was new question to
him. He said the whole matter tool,
his breath away, especially that par
Of the county commissioners stipula
ton relating to the compensation d
the assistant counsel CSC per day.