The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1909-01-30

ennI 6Un..s
SET FREE
Evidence in Shooting Case
Against Irene Merry On Charge
Made By A. Newsstand.
On the testimony of a. 12-year-old
boy. rested the fate of Irene Merry,
the Dickinson girl, who was on trial
this week, charged with firing three
shots at Alfred Newsstand, who had dis
carded her and was about to wed another.
For two days Justice A. p. Folsom,
before whom the case was tried, with
held a decision, while the whole aft air
rested on the possibility OF impossi-
bility Of person seeing the features of
another person. 80 feet away during
the flash Of short barrelled revolver.
Sufficiently to correctly identify the firez
Of the weapon. The young Nelson boy
offered testimony to this effect, thoroughly
impressing all, by his sincerity, that
he was speaking what he thought to be
aSfact. It was question whether on
not he might be mistaken or be in
ffuenced in his opinion by what he had
heard discussed by the family several
days previous to the shooting.
Judge Folsom on Thursday afternoon
rendered decision of mot guilty. :"
unfolding his verdict on the grounds
that while the defense did not prove
an1alibi. to his mind. neither did the
state offer sufficient testimony to war
rant finding the girl guilty, so the case
was dismissed.
The decision was rendered in the
presence of Mrs. Merry and her daugh-
tel. Judge Folsom warned Irene Merry
that her conduct in the future would be
under careful scrutiny.
The affair was the cause of consider
able public interest the past week.
The shooting occurred Wednesday even
inR of last week at the home of C. p.
Nelson on Sims street, where Newsstand
boarded On complaint. Of the young
man. the girl was placed under arrest
but was not confined in jail. There has
been considerable trouble between the
two, and Newsstand has q charge hang
ind; over his head of being the father
Of the girls child. born last fall. This
case is to be tried at the next term
Of district court.
The hearing on the assault case was
set for Monday hut was continued until
the next day. All Of the testimony was
taken on Tuesday. States Attorney M.
L Mcbride prosecuted and W. F. Burnett
was Miss Merry lawyer.
The first witness called was the plain
till. Alfred Newsstand. His story was
TO the effect that on Wednesday night
Of last week he was at the home Of C.
P.sNielson on Sims street. eating his
supper. Shortly before half past six he
! finished the meal and got up from the
table, got his coat and hat and left
the house with the intention Of going
down to the store of Mrs j. l. Brown
to Jet knife. He left the house by
the back door and as he stepped from
the storm vestibule, he slipped on the
ice and went against the fence. q short
distance away. j.
At the same time revolver flashed,
tho tongues of flames pointed at him.
As:he looked in that direction the flash
lighted up the face Of the shooter. whom
he recognized as Irene Merry. He ran
for the house to Ret his tm and two
moEe shots were fired, non1 hitting him.
When he had told thosc u tho house.
the inmates including II. and MIE
Nielson, Miss Annie Stewart his 6ancee.
Nra Boldt and Frank and Edwin Melon,
what had occurred. he went out again
but could see no one. He stated that
tho Girl was about 90 fest away from
him IS ~, *::.s @'eS& 2@n y :.
fsoss examination failed to change
his story materially. The defense
i q.