Bismarck daily tribune., 1908-08-05
STAYS in JAIL .
WALTON WANTS SPEEDY TRAIL
CHICHESTER DENIES HIS
REQUEST.

on June Il lSUo, II. r. wing, ch1ef
of police of Bismarck, in attempting
to arrest drunken, soldier, was as
saulted by Lynn Walton. Lieutenants
Conway and Armstrong, coming to the
assistance of Wing, were also as
saulted by Walton. .:e
On July Is Walton was arrested on
a charge of rioting on complaint OF
Lieutenant Armstrong, and at hear
ing he was bound over to the. next
term of the district court under a
bond Of $500. He has failed to Sc
cure bondsmen, and languishes in the
county Jail. .... -. =. +.
By his attorney, e. F. Donahoe, he
petitioned Judge Winchester to call a
special term Of court. 1t would have
cost the county $500, and the Judge
promptly decided against the petit
toner. The following is the petition
as presented:
n District Court, Sixth judicial Dis
trict. r
State Of North Dakota, County of Bur.
leigh-ss.
State North Dakota VS.. Lynn Walton,
John Doe, Richard Roe, defendants.
To. the District Court, Sixth Judicial
District, Burleigh County, North
| Dakota:
Now comes Lynn Walton, one of the
above named defendants, by c. F.
Donahoe, his attorney, and makes pc.
tition to this court: That the, trial
of the above named defendant may be
hastened as far as possible, and that
said defendant may not be required
to wait in the county jail of said
county until the next term of said
court, which is to be held on Novem,
Der "a, 1908.
| That, because of defendants power
| ty and because of his lack of friends
and relatives who might furnish him
with bonds so that he might be free
from custody until said trial might
be properly reached in it's proper or
der, said court should convene spe
cial term of said court within the next
ten days, so that said defendant
might be accorded his right to a
speedy trial as guaranteed to him un
der the constitution of this state and
Of the United States. RAJ
That, if the relief petitioned fol
in the above paragraph is not avail
able or proper, then that the court
may grant unto said petitioner what
ever relief and remedy in the prem
ises as to said court may seem just
and proper. "
Petitioner calls attention to ths
court that he has been confined in the
county Jail of said county since July
Is, 1908, and that if he is not granted
the. relief prayed for in this petition
| then he will have to remain in jai
until November "a, 1908, or a tern
Of four and one-haR months, and pc
titioner calls the attention of the court
at this time to the possibility thai
even when the next term OF court Ii
reached, it might transpire, as it Of
ten does, that for other ., reasons
the trial of said defendant might not
be reached for some time after No
vember "a, 1908, to the further dam
age Of the defendant. -.
The charge against said defendant
is given in full in one OF the attached
affidavits, but, briefly stating it, he
is charged with rioting or ,participat
ing in a riot, and defendant claims
that. he has good defense to said
charge. and that he not guilty thereof
and that he should be given a chance
to demonstrate his innocence of said
charge IN a proper tribunal, as he is
| guaranteed under the laws Of this
state. %>-'',.'. .F .:@
Petitioner also stipulates that nc
charge should fall upon the people OF
upon this county for any attorney
fee connected with his defense to said
charge, and further agrees he will be
satisfied to be tried by any jury that
may be ordered by this court at any
special term thereof, and that said
panel Of jurors may be selected from
the city of Bismarck alone. -
Petitioner prays to have his trial on
the charges against him within ten
days from date hereof. ,5 ~
This petition is founded upon the
records and files of said case filed in
said court, and upon the AFFIDAVIT
hereunto attached. IN a.t,sI.s. 81
Dated this first day of August, 1908.
E. +. DONAFIOE, ~
Attorney for Petitioner Defendant
The hearing on the petition was
held by Judge Winchester. Asa Pat
terson. states attorney, appeared for
the state. After listening to the ar
guments, the Judge denied the petit
tion. Walton must board in Jail until
- 49,