Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-10

JuuSG IOllOCh I'll Tie 1ulIu y uuiCidl
district yesterday afternoon dismissed
the case brought against States At
torney Asa T.. Patterson of Burleigh
county, and charged the costs in the
case up against the accuser, E. G..
Patterson, thus ending another chap
ter in the book that has been written
about officers and citizens of Bis
marck in the past few weeks. 3
The case was dismissed on the
ground that the affidavit on which it
was originally based was made on in
formation and belief and not on
positive knowledge. Information to
this effect was obtained from the &C
cusing witness himself, who, after the
question was raised, was placed on
the stand by Judge Pollock at the re-
quest of Judge Young for the defense.
5 objection to this procedure was
made by Attorney Stevens, for the
prosecution and by Attorney Town
send, who stated to the court that he
represented Mr.. E. G. Patterson, and
that his rights were attacked by this
request of the Defense
Judge Pollock overruled both objec.
tons, and ordered Mr.. Patterson to
the stand, for examination as to the
basis of the accusing affidavit.
Mr.. Townsend said the court had
the certificate Of the notary that the
affidavit had been verified and that it
could not be impeached in this man
ner, and that the matter had been
already disposed of by Judge Burke.
Judge Pollock did not consider
these objections tenable and Judge
Young proceeded with the examina-
ton of p. G Patterson, who stated
that he was the person who made the
affidavit. He testified in answer to
a question that he had sworn to the
contents of the affidavit as true ac-
cording to the oath following the
affidavit, which did not state that. ii
was made on information and belief
or upon the positive knowledge of the
affidavit, but merely that the contents
of the affidavit were true
Mr.. Young then asked the witness
if he intended to swear to the con.
tents of the affidavit as: true to his
personal knowledge or merely on in.
formation and belief to which the
witness repeated his statement that
he had sworn to the affidavit as the
oath thereto appeared. He said he
had read the affidavit and sworn to
it as the oath read" Il,
4 Judge Young insisted in his in
quiries as to the matter of knowledge
and the witness finally said he had
sworn to part of the affidavit on In
formation and belief and part of II
from his own knowledge When
asked to distinguish between; the
parts Of the affidavit SO made; he said
he had seen the states attorney in
toxicated in the billiard room adjoin
ing what was supposed to have beer
the pig He said he had never
i.seen him in the room alleged to have
been a pig and had not seen hin
drinking Of gambling and that thai
A part OF the affidavit was based OF
Information and belief s5 5s u
4 The witness further said the aft
daVit had been drawn in the presenc,
Of Attorneys Townsend and Bang,
and the notary public, Charles Fisher
AS to the allegation that evidene,
4 had been offered to the states al
torney and that he had refused to in
stitute prosecution for liquor selling
| he said that was matter of informa
ton and belief. He did not know o
| his own knowledge that the accuse
had ever bought liquor or gamblei
He did know, he said, that the. al