Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-04-20
The court said she would permit the

t -
remarks OF the eounesl I'd determine
as to their, nature and Attorney Pat
.terson: said he would Withdraw from
the room al he did not care to hear
the voice q Mi. townsend. 4 He WITH
drew, ahd Mr. oWnsend then hen said He
represented b. q. Patterson and
was entitled to bs heard hi any. mat
terss Affecting hin, he said the pro-.
vision fof fhe exanihation 81 an ad-
verse part w van made, to govern phi
vate actioffiis. Where there was q lSri-
vate ingsfsst a iii; pflyafs counisal.
They u iisss ss niinai ac-
lions ssiSh a iS,lis h |Iss gave rs H5hcss
as attorney for HI Patterson that .hes.
would raise this question If the Motion
ito put him on the stand asian adverse
party was renewed: s . g q
AT the close OF Mr.. Townsend's re-
marks, Attorney Patterson returned to
the court roSa And asked IN the event,
of 3 jury trial. how the Jury siis vas to be BE-
drawn-from the regular panel, or.
summarily.
The court said he thought the jury
would be snAa6 ssfl Till arfils bSgIft'
he would see that the officer summon
ing the jury was satisfactory to both.
parties.
1 Attorney Stevens said if any other
than the regular officer was to sum
mon the jury he wanted the defense
to make showing to justify the
change
Judge Burke said he understood the
sheriff was not particularly anxious to
summon the jury and he would see
that the matter was satisfactorily ad-
justed, or, if the parties would state
when the case could be conveniently
tried, he would summon a jury from
the regular jury panel.
| Mr.. Stevens said he would agree to
this. Mr.. Patterson said he did not
want to state any agreement until his
counsel had been consulted. He in
sisted, however, on his right to exam
inc the complaining witness under
oath as an adverse party, and said he
would be sworn and make verbal
| denial Of the accusations in order to
join an issue. He was sworn, but At
torney Newton suggested that the
court had not indicated that he would
place the complaining witness on the
stand, even If verbal denial under
oath was made. The court stated that
the complaining witness would be
placed on the stand, either at his own
request or that of the court, before
the trial was over, but he thought it
should be done in the progress Of the
trial. Mr.. Patterson then withdrew
| his request to be sworn, saying he had
misunderstood the. attitude of the
court ID.
Judge Burke said he thought the
defendant should indicate whether or
not he wanted Jury. Mr.. Patterson
said he did not care to indicate this
in advance OF consulting with his coun-
tsel: Attorney Newton said he had
been I'LL and did not feel able to go on
with the case alone, and he urged an
Adjournment until the counsel Of the
accused could be heard from. The
court entered an order for the drawing
Of jury from the body Of the county
to report next Monday, but at the sug-
gestion Of Attorney Stevens, who said
the accused must demand a jury or
waive, the order was Withdrawn and
the court adjourned the hearing until
3 o'clock IN the afternoon to receive
the answer of the accused.
/ When court convened after dinner
yesterday Attorney Newton for ac-
cused moved for the striking out Of
that part Of the complaint or afidayit
of =. 20, Patterson wherein 1t was
charged that evidence against aTat-
lley's pig had been refused by States
Attorney Patterson with the statement
THAT ne would not prosecute on the
Ieyidence and testimony offered, which
motion was denied. n
An afiidavit Of prejudice was then
Ifiled with the court, who granted it
with such alacrity that all hands
were taken by surprise The court
then stated he would can Id Judge
Pollock first, then Judge Allen and II
The failed ID get either, would ASK
Judge Goss to try the case, and the
proceedings came to an end for the
lpresent 1t is not known Just when
tine judge who takes The case win be
lready to hear It.