Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-24
Court Deemed Evidence Of
State Insufficient and
Granted Motion
Gray Libel Suit From Mclean
County Is the Attrac-
ton Today

FROM GOurt as 10 lIyee
PENDANTS Rights
The case Of the state against Alex
Baine terminated with great sudden
ness at the evening session Of district
court yesterday. sss
In the morning the jury was com
pleted by the accepting Of j. Z. Green
en-, /. w. Healy, r.. Il. Dralle, ami
George Kahl by both sides, and the
taking Of testimony was commenced.
During the day the state submitted its
testimony and rested It's case during
the evening session. rs ts
Directed Verdict.
Mr.. Crawford, counsel for the de-:
PENDANT, then moved the court to
direct a verdict in favor Of the de-
PENDANT on the ground that the state
had not made any case against the.
defendant connecting him with the
commission Of the crime. After argu-
ment by council for both sides Judge
Winchester asked the foreman Of the.
jary to sign a verdict Of not guilty,
thus dismissing the case against the
defendant. 4. 4 Z. ;2 .5t%.
Held for Perjury. 81
Alex Baine will. however, be held,
as the state. announced that it would
prefer charges Of perjury against
him. s
The testimony in the Baine case
may not be commented upon as there
remains another case based on the
same set Of facts, which comes from
Stark countys and it would disqua1ify
the jurors on this panel Of the court
lif they were made acquainted with
1.-The evidence intro duced on this trial.
It may be said, however, that George
| Buchanan, the other defendant await
ing trial, was brought into court as a
witness for the state, and that George
/ Miller. now wearing the stripes, also
occupied the witness stand for short
time during the evening session, he
having been a. co-defendant with
Baine and Buchanan and is now under
the care of the penitentiary warden,
having been convicted at Dickinson at
the last term Of court.
Gray Libel Suit.
This clears the way for the Mclean
county case against Rev. s. IT. Gray
for criminal libel, and this case will
be taken up this morning, with Judge
Kneeshaw Of Pembina, presiding. IA
large number Of witnesses have been
subpoenaed and the sessions will pre-
sumably be very interesting in Ger.
j tain ways. Judge Kneeshaw was
called into the case on account Of an
Iafiidavit Of prejudice being filed
1 against Judge Winchester and Nc.
Lean county by the defendant.
Grand Jury Seeks Light.
During the afternoon session the
grand jury brought It's troubles be-
fore Judge Winchester and asked for
4 further instructions. It appears that
i a question had arisen over the con-
4 struction OF section 1924 Of the re-
vised code. 4.
The section reads as follows:
The grand jury shall, upon the re-
quest o. the accused. and may Of their
Town motion, hear the evidence Of the
i accused It Is their duty to weigh all
auditors association at Grand Forks
and reports splendid and profitable
time He says the Forkers are fine
/ entertainers.
4 Mrs g. W. Wolbert has been able
to return to her home from the hos
4 pital and Is rapidly conyalescing.
q r. n Guthrie. clerk III the Iscal
land office, has effected transfes
4 with John G. Alice whereby the form
er takes the latter's place In tbs
J. treasury department at Washington
{. and the latter comes back to Bis
marck to take Guthrie's place In this
q land office. Mr. Guthrie has mode .
host OF good friends while he has re
sided in this city who win regret thai
81 he has decided upon this change. am