The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-07-05
MCLEAN COUNTY
DISTRICT COURT
Convened June 10-Large Calendar
Of Criminal and Civil Cases
To Be Tried.

Judge Pollock came to Wash
burn Saturday morning and the
case against Peter L. Schultheis,
for blind pigging was >called up.
The defendant in the case. after
a trial at the last term of court
which resulted in a disagreement
of the jury, had filed an affidavit Of
prejudice against Judge Winches-
ter and also against Mclean coun-
ty.
Judge Pollock was thereupon
called in the case and passed upon
the affidavit for change of venue
, by denying the motion. The de-
fendant was not present and a
bench warrent was issued for his
arrest and the arrest of the witness,
Mccoy, who is under $500 bond.
Even though the defendant was
not present, a jury was called into
the box and examined as to its
qualifications. At 2o'clock jury
was secured and the evidence was
adduced. At 3 o'clock the jury
retired and in five minutes a ver-.
dict Of guilty was brought in.
Mr.. Dewitt, Of Pucell & Dewitt,
Wahpeton, represented the de-
fendant in il professional manner,
and saw to it that his client had a
fair and impartial trial, but the evil
dence was such that no other SOL
ution could be reached but that the
defendant was guilty.
With the aid of the interpreter
brought all the way from Wilton, it
was possible to goon with The case
against Ole Hendrickson, who was
charged with burglary. Two wit
nesses for the state were women {
and spoke nothing but the Russian
Language, and nobody could be
found in and around Washburn
who could understand or speak
that peculiar tongue except a man
who came, with the witness, rela-
tive of one of the principal wit
nesses, and he was objected to by
the defense.
Mr.. Jacob Burk came up from
Wilton and served in the difficult
capacity of interpreter to the salts
faction of all parties. !,
All of Friday was taken up with
the evidence in the case and showed
that the testimony Of the state was
entirely circumstatial "A misty
night, very dark; the next day a
faint trail on the ground, leading
along the ground and some Of it
over the grass; a vindictively cur
I iousRussian woman and her
daughter getting up early in the
morning; finding a small quantity
Of oats and potatoes gone out Of
her granary. and following the
track Of a wagon leading from her
granary to the wagon Of the de-
fendant few miles away: the NUT
tering, mumbling threats and ac-
cusations, Russian consonants fly :
ing thick and fast; the denial Of
theft; and bringing ofthe case in
to court of Justice.
The defendant took the stand on
his own behalf and he and his wit
nesses strove to show that the de-
defendant was at his home when
the crime is alleged to have been
committed. The commission of
I the crime was denied in emphatic
terms and various circumstances
tending to show complete alibi
were deduced.
During the trial a thunder storm
came up and the remarks of coun-
gel were punctnated by peals of
thunder echoing and re-echoing
along the Missouri valley The
Jury went out at 1870 Saturday
morning ana broughtlin a verdict
Of not guilty after deliberating for
an hour. 52
The case against Ole T. Hen
erickson having resulted in al, ,ac-
lquittal, defendant Nels Bergll M
was discharged with Hendrick ckson.
and it was considered by the state
that its case against Hendrickson
was the stronger, and as il failed
tosecure conviction in that mat
! ter the weaker case was dropped.