Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-12
SWITCHED
Barnes County Court, Trying
Morton County Gases,
AdiOurRs
Untried Gases Go to Foster
County on Prejudice
| AffidaVitS
Both Prosecution and De.
| Tense Appeal to Su.
| preme Court

iClllC UUult
Valley City Times-Record: The at
torneys for the defendants in the Man
dan liquor cases argued several mo.
tions before Judge Burke and filed az
fidavits Of prejudice, which, together
with the stipulations of the prosecu.
ton, scattered, the % cases to the
four winds of heaven and brought the
adjourned special term of court to
sudden end Saturday. OF the
nine cases in which demurrer was
filed, citing that no special locality
was named in the information as the
scene of the offense, the court threw
three cases out and denied the mo-
ton in six. The state promptly ap-
pealed the three and the court allow
ed the other six cases to go to the
supreme court on the question which
has not yet been decided in the state,
docs the specific place of the crime
have to be stipulated in the informa-
tiOn? 2"
Three cases were tried and the de-
PENDANTS found guilty. -Four cases
were continued over until June term
of the Barnes county court as the
state was not ready for trial. The
three cases in which verdict of
guilty was found have been appealed
to the supreme court.
Seven cases were taken to Caring.
ton on afidavits of prejudice against
the Judge and the county. They will
be tried on March Is.
The four cases continued until the
spring term of court were those of
w. T. Thompson, Jacob Hertz, John
Hertz and Charles Koch.
The three cases in which the de-
murrer was sustained and the state
appealed we're those of James Zhen-
der, Frank Harder and Mike Pitzer.
The seven which go to Darlington
On afidavits of prejudice are Straight
water, Ed. McGinnis, Joseph Geiss,
Christian Schantz, Peter Remillang,
Jacob Blath and George Kokkler.
The six cases in which the demur.
ers were overruled and carried up to
the supreme court by Judge Burke
were those of George Funk. Jacob
Hurley, Fred Alff, John Herschaf and
Philip Jari.
The three tried last week and con-
victed were Joseph Windbauer, Alex.
ander Froelich and Peter Schantz.
They will be appealed to the supreme
court on the grounds of illegal indict
ments.
The attorneys in the cases either
left town this morning or will go this
evening. States Attorney Shaw Of
Morton county and Attorney General
McCue feel very well satisfied with
the work done in Barnes county. The
defendants attorneys are leaving Val
ley City with different. impression
from what they came here with. Sen
ator Simpson and Attorneys Camp
bell, Faber, Mockler and Hanley say
that Valley City and Barnes county
people are not so much different from
those on the Slope, only difference be.
ing one of custom as regards the Ii
quor traffic.
Mr.. Hanley, one of the leading at
torneys said to the Times-Record this
morning: II want to thank the Times
Record and the people of Valley City
and Barnes county for the courtesy
shown in the trial of these cases. You
have been very fair in your reports
and think there has been a tenden
cy of everybody to be fair. When We
came down here, we expected that the
| trials would only be form and that
you would convict a man for selling
pop in Barnes county without evi.
dence. We found that the jurors were
fair and that the state had to make
out its case to convict. There is nc
difference between the peoplesof the
Slope and Barnes county except or
this one question. Our clients may
be legally guilty, but morally they are
innocent. This accounts for the fight
| we are making For 20 years saloons
have been allowed to exist on the
Slope and the county, city and state
officials have not interfered. In Man
dan the mayor has received license
fees and receipted them. These men
are simple, law-abiding citizens in the
main and believe what the officials
tell them. They have never been
warned in good faith that they were
to be rosecuted-warned by the coun