The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-09-24
TWO MURDER CASES
IN SUPREME COURT
NOAH AND PELTIER WILL BE CIV,
EN- ANOTHER CHANCE FOR
THEIR LIVES.

Bismarck N. D., Sept. 24.-The fate
OF two murderers now confined in the
state penitentiary under sentence OF
death will be decided by the supreme
court In the course Of the next few
months, or as soon as their cases can
be reached. Both being criminal cases
Of the first Importance especially to
1.-The appeIlants-it is likely that the
court will decide the cases at the earl
lest possible time after the arguments
are made and the cases submitted.
The cases are those of B. M. Noah,
convicted Of murder OF a homesteader
in Ward county. and sentenced to
death by Judge Goss, and Joe Peltier,
a half-breed from the Turtle noun
tain country, who with brother,
Chas. Peltier and a full blood Indian
named Little Rising Sun, murdered an
old man who kept store and his
daughter, beating their heads with a
gun barrel, and then burning the
building to the ground and partially
destroying the bodies.
Both cases are unique in their pro-
gress up to date Noah pleaded
guilty to the murder of which he
was accused. and was sentenced to
death by Judge Goss. He was then
brought to the penitentiary with the
date Of the execution fixed and was
apparently resigned to suffer the PEN
atty for his crime.
His brother, sailor In the II, S.
navy arrived on the scene and soon
after that an effort was made to have
a reprieve granted, to bring his case
before the board of pardons. An ex-
animation was made to determine his
sanity, which was brought into ques-
tion and finally an appeal was taken
from the Judgment Of the lower court,
this acting as a stay of proceedings.
AS a result the time originally fixed
for the execution Is long past, and
the case Is in the supreme court on
the trial OF the appeal.
Lawyers in Case.
The attorney general and the states
attorney OF Ward county will appear
for the state. and Purcell and Divet
Of Wahpeton, for Noah. Recently
Noah peremptorily discharged his
counsel, but the supreme court took
the matter In hand and entered an
order that the attorneys in question
should present the case, so they win
represent him on the appeal
In the event that the sentence is
affirmed new date of the execution
will have to be fixed, probably by the
judge who passed the original SEN
tence, as was done In the case Of John
Rooney, who was first sentenced to
be executed on date before the
limit prescribed by law.
The Peltier case is in much the
same state. Peltier's brother was be-
fore he state board of pardons and
his sentence was committed from
death to Imprisonment for life. Then
the execution OF Pe1tier was deferred
on the theory that an appeal had
been taken by his attorneys to the
supreme court and that this acted ais
a stay Of execution According to
statements made yesterday, the pa
pers In the appeal have not been filed
In the supreme court and the attor-
ney general has requested the clerk
of court OF Bottineau county to for
ward the record in the case, In order
that 1t may be gotten before the
court. If the judgment in this in
stance is affirmed. it will mean also,
that Peltier will have to be resent
enced, az the original date for the
execution has gone by.