Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-21
/. &. PATTERSON WAIVED
EXAMINATION. BOUND over.
Preliminary Hearing in This Caucus Celebfe Closes With
a Lively Tili Between the Attorneys Wherein
Miller Says Some Monumental Lying
Was Done by Defense


the defense paid their respects to each
other in plain and unequiyocal terms,
examination in the cases against 3. g.
Patterson were finally waived and tho
defendant was held to the district
court for trial in bonds Of 81 600 in
each Of three cases, being released
upon his own recognizance for the
bonds named AT the outset Of the /
case Attorney Miller objected to the
filing Of the affidavit of actual preju-
dice presented by the counsel for the
defense at the session Of the previous
day. He urged that the purpose Of
introducing the affidavit was to have
it surrounded with the sacredness of a
court record, and as such the mat
tiers alleged therein could be published
without the possibility of prosecution
for criminal libel, as he intimated
could be done il the document were
not made a record of the court He
urged the aff1daVit as immaterial and
he charged the attorneys for the de-
Tense with having been obtained by
the defendant for the purpose of bring
ing cases for disbarment against the.
assistant attorney general and states
attorney at least he said the defend
ant had SO stated publicly. In reply
to this, Mr.. Bangs said that he had
not been engaged for any such pur-
poses, but he told the court that If
there were time before the opening Of
the next session Of the supreme court
he as an attorney, from what he had
been able to gather of the nature OF
the prosecution, would appear before.
the court and ask that disbarment
proceedings be instituted.
Judge spa1ding characterized the.
affidavit that had been presented as
Remarkable" and said the Imagination
must have been drawn pom for the
allegations therein SO far as they re-
lated to the magistrate.
Attorney Miller protested against
the manner. Of the attorneys for the de-
tense and the allegations made against
the good faith Of the prosecution. He
said he had been directed to prosecute
the case by the governor of the state.
There was no politics in it so far as
he was concerned, and any statement
Ito that effect was an infamous lie. He
did not propose to be made the butt Of
ridicule and Islander by the attorneys
for the defendant. and he character
lied the attitude and remarks of At
torney Bangs as insulting both to
court and counsel, and derogatory to
counsel both as gentleman and a
lawyer.
| Judge Spalding said he did not think
| it make and material difference il the
affidavit were filed or not. Attorney
Miller said it made this difference
that if 1t were filed it would be pub
lished and the publisher would be
rendered safe from an action for.
criminal libel. s.i4.
Attorney Bangs expressed his regret
lat having been compelled by his duty
to his client, to file such an affidavit
but he said that every other method
was closed and 1t had been his duty to
file the afRdavit as last resort
| Judge Spalding then granted the
motion Of the state that the affidavit
be not filed, on the ground that there
was no law providing for q change Of
venue from magistrate and the affi-
daVit therefore became immaterial.
Attorney Bangs then demurred to
/ the complaint as making no charge
THAT the offense complained Of was.
contrary to any statute, as being
tduplicationss and on several other
grounds. The demurrer was over.
ruled, and the defendant thsn waived
examination. and was held ii bonds Of
$1,000 on his own recognizance, to the
district court.
Another argument followed this as
| to the possession by the defendant OF
the records taken at the prior exam
ination OF witnesses before Judge
ispalding. II was finally agreed that
the defendant should have access to
them, although the magistrate held the
defense had no actual right to the
records. but that they would be filed
land access could be had to them. OF
| the bawdy house charge, Attorney
Bangs inquired az to the particular
premises where the oifense was
charged. The state replied that the
complaint only charged the ofrense to
have been committed in the county OF
Burleigh, but that the Northwest and
500 hotels were the promises gem
erally indicated.
For Fire Insurance. see T. q. Rem.
Iington.