Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-25
JUSTICE gets
Another JOLT
Three Leaders in biSmarCk'S
Blind Pig Circles Again
Escape
Palpable Perjury Of Com
planning Witness Was a
Sight to See
Court Refuses to Hold Him
for Perjury at States
Request

| There was a surprised lot of spec
tators in the district court room yes
terday afternoon, when the finale was
rung down on the blind pig cases. The
defendants in the case-J. T. Melon.
aid, G. H. Albertson and Aaron Chris.
topher-having for many years been
in the bright roseate hue which illu-
mines blind pig circles, some few PEG
pie in the city imagined that justice
might at last get slight hold on
them. So, when the complaining wit
ness palpably perjured himself and
was backed up in this line by others
and the court refused to hold the
witness for perjury at the request of
the assistant states attorney men
| tai groan went up in the court room,
and the subject has been a fertile top
| ic for discussion about town since.
The piggers are again free. Freed
in the minds of most men by the same
old methods, which have made the
Slope notorious in all cases which
smacks the least bit of whisky.
None in the court room were bright
| enough to conceive how a man could
swear to such complaints as the COM
planning witness did, and then go on
the stand and swear that he knew
little or nothing about the facts al
legged in these complaints, without
committing perjury, at one time or
other.
The joint case of J. T. Mcdonald
and G. H. Albertson came up in
court the first thing Tuesday
morning The accused were bound ov-
er for selling Intoxicating liquor as a
beverage. An hour was spent in the
examination of the jurors for the trial
| of this case. Twenty jurors being ex-
| amined before twelve We're selected
A. j. Oldson was the first witness
called by the state. Mr.. Olson said
| he had no recollection of ever seeing
the defendants and he proved all
through his testimony to be a poor
! witness for the state.
A. j. Olson was the first witness
ness in the case, was then sworn. He
testified materially the SAME as tn:
| witness before him had He was not
positive of anything, and did not re-
member of ever being in the place of
| business of the defendants. j. N.
Strand and Archie Pilot testified ma
terially the same. Curtis Rhoades'
evidence was immaterial.
The state then rested and the de-
tense, which was represented by G..
| w. Newton, made a motion that the
court advise the jury to return YER
dict of not guilty. This motion was
denied and the jury was sentout of
the court room. Mr.. Anger, the as
sistant states attorney, then asked the
court that the prosecuting witness,
John w. Olson, be held for perjury.
Judge Winchester thought there was
not sufficient evidence to grant that
request and therefore refused.
The jury was then returned to the
court room and the defense rested
without introducing testimony The
case was submitted without argument,
the court instructing the twelve men
4 tn fho 1op, fhn
minutes. The jury were only out Is
minutes before it returned a verdict
of acquittal.
The case of Aaron Christopher, &C
cused of the same offense, i.e, That
of selling booze unlawfully, was then
taken up. The same identical wit
nesses as were examined in the fore
going case testified In this one with
materially the same result There
was no testimony as to the identifi.
cation of Christopher, the memory OF
the witnesses being particularly hazy
on this point. T. R. Mockler appear
ed for the defendant.
The same number of jurors were
examined in this case as in the fore.
going, their number being twenty. At
ter the state had introduced its eyi
dence, which was also materially the
1 same as the other case. the defense
moved that the court instruct the jury
to return a verdict of not guilty on
the ground that sufficient evidence OF
guilt was lacking This Judge Win
chester granted and the jury was sc
INSTRUCTED. It returned a verdict Of