The Dickinson press., 1909-05-29
G. 6. nE: llllyl &. s ellLl.nl'llls
q Continued from page ~

Alpert, w. j. DOhrmann, Matthias
BaYer. Louis Palm and Fred Bolte were
selected az the jury. Owing to the
character of the case, the charge being.
bastardy. the public was excluded from
the trial. M. A. $Hildreth Of Fargo as
sisted States Attorney M. l. Mcbride
in prosecuting and LA. Simpson was
NeWstrand's attorney.
The witnesses for the state were Libbie
Huston, a school teacher, Mrs. j. w.
Sellm0n of Belfield and Irene Merry,
the complainant. She was the principal
witness and was on the stand q long
time. She was subjected to a severe
cross examination as her story was
the main thread of the case.
For the defense. Newsstand himself
gave the leading testimony, denying all
the charges made by the Merry girl. His
wife, who was formerly Annie Stewart,
whom he married March % in Fargo,
testified that he had paid her attention
for a long time. Martin Thompson and
Dr.. v. H. Stickney were the other
witnesses.
The arguments were exceptionally
strong and the brilliant legal talent
on both sides was the cause of some
sizzling hot pleas with all the arts and
devices known to the profession.
The jury wat out just seven minutes
and returned with a verdict acquitting
Newsstand.
Before Judge Crawford adjourned court
for the Sunday recess. until Tuesday
morning, he pronounced sentence in
the cases of C. H. Staples and Address
Fink. both of whom were found guilty.
Staples was sentenced to four years
at the state penitentiary and it is pro-
bable that a charge of Jail breaking will
be awaiting him when he is let out.
Fink was fined $50 and remanded t Jail
until the amount wal paid. @
Very little was done on Tuesday.
Court opened in the morning with
G. F. Merry, for obtaining money under
false pretences. was called but the
defendant was not ready with counsel.
He was ordered to be ready for trial at
2 o'clock. The remainder of the morn
ing amounted to little. A few cases
were reported settled or put over.
At two O'Clock in the Merry case,
through w. F. Burnett, a motion was
made that the case be continued until
later in the week so that the defendants
attorney. M. A. Hildreth of Fargo,
could be here. He was Obliged to be
in Fargo in a u S. circuit court case
the first of the week. States Attorney
F. D. Norton opposed the continuance
on the grounds that. it was merely q
move to delay the course Of justice and
that many of the states witnesses had
come q long distance and must get home.
Judge Burr finally agreed to grant a
continuance until Tuesday morning. on
the stipulation that if Mr.. Hildreth
was not present, some other attorney
would represent Mr.. Merry.
Then arose a complicated set Of affairs
in trying to find some case on the calen
dar that could be cleaned up that after
noon. Either the witnesses were in the
country, or delayed by the washouts. or
the attorneys had to prepare for some
other case. No two attorneys seemed to
thave a case that fitted and the day
passed. having amounted to nothing.
The interest of the week and in fact
OF the whole session, has been centered
in the case of c. F. Merry which went
on trial Wednesday morning. The entire
day was occupied in selecting q jury
and it was necessary to send out for
twelve talesmen. The final list of
jurors included Cornelius Turk, Otto
Alpert. D. E. Christensen. w. L. Roger.
j. Schmitzer. Louis Palm, John Carroll,
Matthias Bayer. John Zastoupil. N. G.
Swennine. Patrick cunningham and
Thomas Goodale.
The state opened its case Thursday
morning. States Attorney P..D. Norton
of Adams county prosecuting, assisted
by States Attorney M. l. Mcbride.
Every point was bitterly fought by the
defendants attorneys. W #. Burnett,
and H. c. Berry, and the introduction
Of the testimony was contended on all
sides and every possible advantage made
use OF by the defense.
A. C. Newman, the first witness,
testified that c. F. Merry came to him,
representing himself to be an authorized
agent of the Dickinson Commercial
Club. sent to ,Hettingers to interest the
business men in the proposed railroad
from Williston through Dickinson to the
Milwaukee and to collect subscriptions
to help pay for q preliminary survey.
MI. Newman took him TO Dr.. John GIL
Johns.
Through DR.. Johns, the story was
brought out of the representations Of |
Merry upon believing which the witness
gave the defendant a check for 500 for
the work of the preliminary survey.
The presentation of the check and its
cashing were testimony of In. Ander-
son, assistant cashier Of the Adams
County State bank at Hettinger. The
check was made a state exhibit.
The fact that the Dickinson CONNER
cial Club never as q corporation,
officially authorized Mr.. Merry as its
agent in the railroad matter and that he
was never given the power of represent
Ing them. also that he wa never a
member of the club, were shown by j.
van der Las. who was then the club
president and q trustee and by W. r.
Everett. the secretary and custodian Of
the club records.
The state attempted to prove the GRIM
inal intent Of the defendant by the
testimony of +. A. Finch. a banker of
Lennon. who told of Merry's coming
to Lennon the previous day to his
Hettinger %canvassing and putting up
q similar story. He was introduced to
several business men and exhibited q
letter withsa Dickinson Commercial Club
heading. apparently signed by an5ofacer