Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-06-04

+ anu you dldn apparently join In
the request. 2 III &.
Mr.. Patterson stated that he made
no statement Of any kind at that
time in regard to the matter. He
also explained that the attorney gen,
erals Office had been identified with
the prosecution of these particular
cases ever since their inception.
Judge Winchester then said
What do you think Of the feasis
bility Of having the matter presented
to a grand jury at the next term Of
court !? The reason I speak Of it is
this: We all know it is IA very busy
season Of the year. Very many Of
the grand jurors who were here and
considered the cases were held here
much against their wills, and 1t was
almost daily occurrence to have
quite number Of them appear before
the court with good excuses and ask
to be allowed to return to their
homes. Even the foreman Of the
grand jury came to- me and stated
some very good reasons why he hould
be excused. 35.
Owing to the fact that we have al
ready drawn from the box containing
the two hundred names provided by
law. sixty petit jurors and twenty
three grand pnrors, we have reduced
the names that were In the box to
about half the number we started
with. and there are now not more
than one hundred names IN the box,
Of persons qualified to act
Z make these suggestions thinking
perhaps it would be better to wait
until the box is again filed to the full
number as the law provides after
each term OF court. i see no reason
why these matters could not better
be presented to grand jury called
from the full number, selected from
all over the county, at the next term
of court
! States Attorney Patterson stated
that It would be agreeable to him,
Il for proper reasons the court
thought it better to draw a grand
jury from the full number but he
thought the defendant Patterson
should be placed under bond to ap-
pear at such time as the court should
order. The bonds given by Mr.. Pat
terson In the first instance were re-
ferred to and found to be continuing
bonds and the court held that, by
virtue Of these bonds, the defendant
would be required to appear whenever
ordered by the district court, that the
cases themselves had not been dis
missed.
The court furth said:
| With reference to the calling OF a
grand jury, II you think under all the
circu mstances, you want to put the
county to the expense Of calling an
Iother grand jury at this term Of court,
while it is against my better judg-
ment, I am inclined to think that. the
request coming up in the shape it
does now. would be favorably in
lclined to ii Z
Mr.. Patterson said he felt like
leaving it entirely to the discretion Of
the court, whether the grand jury
should be called at this term or at
the next term Of court.
The court stated that he would not,
on his own motion. call grand Jury,
to consider the cases at any time.
that he was very much opposed to
calling the present grand jury, and
did what he could be stop it, but that
he was obliged to do it after receiv-
ing the application with the proper
number OF names attached.
That the calling of grand Jury
! at that time was against his better
Judgment and his view would be the
same now as to the calling 81 sec
ond grand jury. But, IL Mr.. Patter-
son as prosecuting attorney, felt like
taking upon himself the responsibility
ct incurring this expense; If he
thought the cases were such as to de-
mand such an expense either at this
season Of the year on 1T any other
time then he would be inclined to
act upon the suggestion Of the states
attorney as he saw IT in those cases,
as he thought the states attorney
should be In position to know the
circumstances and his judgment
ought to be Of great assistance Ia the
court, as in all similar matters.
MI. Patterson admitted that he new
er thought Of the expense that would
be connected with proceeding Of
this kind, nor ii the prosecution Of
ANY criminal case. whether wisely 81
Iunwiseiy IT was not for him to say
a am convinced that in these cases
for the violation Of the prohibition
law. the state should not at any stage
tfxf II 49, n n r1sr