Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-23
Hotel MAN LOSES

Hotel MAN LOSES
CONTINUED from page ~
that the bottle that he was served
from was labeled beer"
No assignment of error is made on
this appeal as to the admission of
evidence of these witnesses or as to
the charge of the court to it's jury.
The state then introduced the testi-
mony of F. B. Clever, station agent
of the Great Northern Railway Co.,
at Kindred, who testified that he had
charge of the freight delivered at
that station, and he produced his
Office record of freight received dur
ing the time in question. This con-
tanned entries of dates and descrip-
lions of the goods and signatures of
parties to whom they were delivered.
Among others contained in the record
were various articles described as
casks, barrels, and cases of beer,
some of which were receipted for by
the defendant in person. The witness
identified and testified to the signaff
identified and testified to the gen.
uineness of the defendants signature
to the receipts. Others were receipt
ed for by one johnson, the drayman
who did the defendants draying, and
a paper signed by the defendant upon
a regular form furnished by the rail-
way company for that purpose, au-
thoriing johnson to receive and re-
ceipt for freight coming to the de-
endant's address was received in evil
Once. The record before referred to
contained the receipts of johnson
for one case of beer on June 9Th, and
81 other consignments on different
dates from June 18th to August 31st,
from different consignors, in each in
stance being one or more barrels or
sasks of beer, al consigned to defend
ant. This record was received as
exhibit "B" After which book,
known as exhibit 3D., being tissue
copy book of way bills for freight
going out of Kindred was identified,
and its method Of use described and
it was received in evidence. This
tissue copy book is the local record
of freight shipped out, and is made
by copying, in the letter, press way
bills sent with the freight, and bic
testified was the only record kept
of outgoing freight. This exhibit
showed the merchandise received
from the defendant during the month
Of August, 1905, and upon It is des-
ignated the character OF the mer-
chandise. The witness testified that
ne got hfs infornna Hon Of such charac-
ter from the shipper, and entered the
character or description Of the mer.
chandise upon the way bill which Il
copied into the book known as ex.
hibit 3D.. By shipper he meant
either the shipper himself, or his
agent or drayman. He testified that
the entries in. exhibit sd" as to the
character Of the merchandise were
correct according to the information
he received, and that the character
OF the merchandise going out was
shown originally by the shipping bill
prepared by the shipper himself, and
that with reference to the shipments
in question, he received such infor-
nation from the defendant himself.
1t appeared that the entries relating
to the merchandise in question con-
tanned in exhibits ''B" and I'D" had
ben made partly by the witness and
partly by the clerk, and during a
part Of the time by relief man sent
by the railway company to take his
place during his temporary absence.
Evidence regarding entries made dur
Ing this absence was stricken out by
the court, and the jury cautioned not
to consider it.
The witness testified the different
entries made by himself and those
made by his clerk. The deputy
sheriff who made the arrest of the
defendant, and who executed a
search warrant of the premises in
question, testified as to the finding Of
several bottles marked beer and
numerous empty bottles on the prem
ises. together with four barrels and
case either full or partly full of
bottles known as beer bottles, and
one barrel containing II full bottles,
one Of which barrels was numbered
7S9, It being the same number attach
ed to one of the barrels described in
the record OF the railway company's
agent, as consigned by the HeiIman
Brewing company.
The receipts for freight executed
by the defendant and the drayman
Wcro nI,focfoH5 - - ~.