Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-22
5. Bell Appointed Foreman Three Jurors CHALLENGED
inPaters0n Gases, One red.-.Judge COTIss tOBe
Appointed Deputy Temperance Commissioner
Alex Bain Stark County Murder Case, Nov on Trial.
With One Juror Secured When Court Ad.
jOurned Yesterday court Notes

whereat Judge Corliss jokingly said
that was all right, that he and the
states attorney had already agreed.
to cut It up between them, which
caused laugh.
Court Makes a Suggestion.
The court suggested that a deputy
temperance commissioner had author
ity to question witnesses before the
jury just the same as the temperance
commissi oner5 and perhaps Mr.. Cor
liss might be appointed to that posi-
ton, to which Mr.. Townsend replied
that that depended upon how long
the string was ss}5s33
At this point the court appealed to
Judge Corliss for his opinion, and the
Judge said he was in honor bound to-
say that he thought the propriety Of
his questioning the witness before tn,
grand jury was doubtful as the law
was not plain and the court would
have to decide the matter After Il
general discussion of some length It
was decided the question. should be
argued in the chambers Of the court
in the evening and settled, in the
meantime the assistant states attor-
ney and temperance commissioner
were not to enter the grand jury room
to question witnesses or take part in
the proceedings. Re
ToWnsend Protests corIiss and @
Murray.
Attorney Townsend at that time
filed notice that the defense in the
p g. Patterson cases objected to
either Judge Corliss or Temperance
Commissioner Murray appearing be-
fore the grand jury to question wit
nesses, and further action in the mat
ter went over for the time being. n
Juror Bailey appeared in court and
was about to [ be sworn as a Juror
when the states attorney suggested
that he could not serve unless the
courts charge to the jury be first.
given him and the upshot of the mat
ter was Mr. Bailey was excused by
the court on it's own motion. f5si
Behind Closed Doors.
- The grand jury left the court house
at 4 p. inland proceeded to the hall
in the Bismarck bank building and at
once organized and went to work.
The nature Of the work taken up by
the jury could not be learned last
night. but It is presumed generally
the p. G. Patterson I cases are the
first to be taken up by the state.
Judge corIiss Appointed Deputy
Commissioners
AT the conference or discussion in
Judge Winchester's chambers in the
evening the matter Of whether or not
Judge Corliss, as acting assistant
states attorney, could question wit
nesses before the grand jury was
well threshed out in an informal way
and the court held that he could not.
The intimation made in the afternoon
that Attorney Corliss could so act. if
he was the deputy temperance com
/ missioner was renewed and the up-
shot Of the matter was that 1T was de
/ cided that Judge Corlss would be
appointed to that position last night
or this morning. It Is understood
that Attorney Townsend will object
to this latest move in the kaleido.
scope of court proceedings when
Court reassembles this morning.
In this connection 1t lis but fair I'd
state that at the beginning OF the
Ii. g. Patterson cases the states at.
i torney, because Of HIS personal rela
lions with Mr.. Patterson asked tic
Il governor that the attorney generals
office be requested to assist In the
4 prosecution Of that case in order thai
Il
Il ali personalities might be removed az
much as possible from the prosecu.
1 ton. Assistant Attorney Genera
4 Miller was assigned to the case, and
1 subsequent developments are familiar
to all in Bismarck
When Mr.. Miller was removed from
the case by the attorney genera,
\ States Attorney Patterson, for tho
same reason. asked the county com
q missioners to employ additions
4 counsel to assist in these prosecu
tions and fully expected when Judge
Il Corliss was selected that he would
take charge largely Of this particular
case, be being entirely stranger Il