The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1908-12-25
BOIL GUILTY ON
THEFT CHARGE
Jury Reached That De-
cision at Midnight on
Wednesday.

The adjourned term of district
court convened Monday morning
at 10 o'clock. On the preliminary
call of the calendar it was found
that there were l6 criminal cases
and l16 civil, which would mean
about two months work. Most of
the defendants in the criminal
cases were arraigned, and all plead
ed not guilty, except w. FL. Clink-
man, who plead guilty to violation
of the prohibition law and was
sentenced to ninety days and $500
and costs. The case against Louis
Monge was dismissed on account
of irregularities in the preliminary
hearing. In the cases of Louis
Rosotf and Jay Russell for viola
tion of the prohibition law. affi-
davit of prejudice was filed against
the Judge and county and they will
have to be tried in another county.
On the call of the calendar a
few of the civil cases were stricken
off and a number continued over
the term. but the bal lance are still
for trial.
The case against Phillip Boil,
charged with burglary i'll the third
degree, was the first case tried this
term. The jury found him guilty
after being out until midnight
Wednesday. Philip Boil is Rus
sian-American living near Bene-
dict, and was accused of breaking
into a house belonging to Jacob
Matz and taking therefrom some
wheat and flax. The testimony
showed that the theft was COM
mitted on October 20, 1908, and
the state produced testimony show
ing that Matz followed tracks Of a
wagon presumed to have carried
the grain into Benedict. 1t was
also shown in the testimony that
Boil sold on the Both certain grain
at Benedict of the same quality as
that stored in the shack owned by
Matz. Boil received cash ticket
from the elevator man and stated
that he had sold the grain for
Dimitri oherbina.
Dimitri Sherbina is made a de-
fendant in another case covering
the same transaction, but has not
yet been tried. 1t appears that
these two defendants were kept in
Jail awhile and separated until lone
evening when they were placed in
adjoining cells upstairs in the Jail.
When the defendants thought they
were alone they indulged in a con-
relating to the case which
was overheard by Carl Okert and
Andres Schracher. two deputy
sheriffs who had been placed in
position by the sheriff.
These two parties. were used aa
states witnesses at the trial, and
their testimony was admitted over
The objections of the defendant.
The conversation between the de-
tendants was of a rather damaging
character and made the states case.
very much stronger than it had
been before.
Attorneys Hyland and Nuessle
prosecuted the case for the state,
while Attorneys Freeburger, Nc
Culloch and Gibson defended.
In the case of the State We. Henry
Poelke and Hubert Miller, Of
Goodrich, for malicious mischief,
both pleaded guilty. They were
given q good, sound talk by Judge
Winchester and fined twenty
dollars.
OnWednesday the jurors present
over those not engaged in the Bolt
case we're excused from further
duty and instructed they could gos
home and stay until they were
notified TO return. Il IS thought
court will adjourn until some time
after the legislature i over il 7
March.