The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1909-12-11
BIG RY. SUITS SETTLED
PAVLICEk AND SIMMONS
Found Guilty and Serving Time sockmen Get Good Settlement
Judge Winchester Presides Thursday and Friday. Jury
Excused Until January 3. Liquor Cases Come up
Monday Before Judge w. H. Winchester

Monday Before Ju
The Stark county court. Grind is on
and If all the cases on the ]. calendar are
finally disposed of it will be session
of several weeks.
There are considerable number Of
cases in which Judge ". G. Crawford is
disqualified and on Wednesday he effec-
ted an exchange with Judge w. H. Win
chester and left in the evening with
Stenoerapher r. v. Bouleer for Bis
mHck.- Judge Winchester was present
in Dickinson to open court the following
morning.
J. w. Pavlicek was tried before Judge
Crawford for contempt for violating an
injunctional order. namely, selling beer
and whisky in the Columbia hotel at
Gladstone after the place had been
closed by process under the prohibition
law. He was found guilty and. on
Wednesday received a Jail sentence Of
90 days $500 fine and S100 costs. with
the provision that if he did not pay the
costs he should serve an additional so
days. Pavlicek's sentence started at
noon and he was at once placed behind
the bars. 1t is not likely that he will
appeal. although he has the privilege.
1t would be very foolish thing for him
10 try to set aside the finding Of the
court in this case. A portion of the
state costs are still held against the
hotel property which Pavlicek was oper-
ating.
There is similar charge hanging over
Pavlicek for disobeying on a court order
in Dickinson while occupying the
Zastoupil building, which will be taken
up later.
A. D. McAlister, the bank check en-
bezzler. did not care to stand trial.
He did not even call for an attorney.
Judge Crawford gave him, a sentence of
two and one-half years in the peni-
tentiary. dating from noon of Wednes-
day ..:.s-77:.- --~s.s .s-r----,,e,. -
McAlister claims to be from Washing
ton in the vicinity of Seattle. He was
captured. it will be remembered, in Ken
tucky. Sheriff Wiech will take him to
Bismarck as soon as the rush Of this
term of court is over.
States Attorney M. L. Mcbride
:7oved the j. H. Simmons case on
Thursday. The charge was adultry and
the jury was out but few minutes and
returned a verdict of guilty. The
Schwalby woman in this case secured
bail some time ago and it is likely that
the action against her will eventually
be dismissed. Judge Winchester set
Saturday as the time for passing sent.
ence on Simmons H. C. Berry ap-
peared as attorney for the defendant.
In the case of Charles Lee. brought
here from Billings county, defendant
plead guilty to unlawful co-habitation
and received Jail sentence of 80 days.
-Four of the big railroad DAMAGE suit
cases were settled late Thursday night.
namely, Robert Yoakley and Clark c.
Green Of Wibaux, Mont. Geo. o. Reed
Of Townsend. Mont. W. A. Heisler and
W. J. Zimmerman of this city. The
suits were brought 10 receive damages
from the N. P. Ry. on shipment of
80 cars of beef cattle loaded at Wibaux
in the fall of 1907.
Damages were asked on account of
shrinkaee incident to delay in transit,
also decline in the market price. The
settlement for these cases AGGREGATES
about $4,000. or 500 per car. and is
understood to be very satisfactory to
claimants. There are still three similar
suits, namely. Richards & Wilson,
Elfstrom & George and v. H. Stickney.
These cases are younger and will not be
moved at this term. Mr.. Richards is
away and there are few depositions
yet to secure. John P. Devaney,
associate counsel of Geo. C. Stiles of
Minneapolis, was in the city early to
consult with W. F. Burnett, local attor-
ney. regarding the prosecution Of the
cases. Attorney Lawrence of Ball,
Watson, Young & Lawrence. of Fargo.
appeared for the railroad.
A strong move was made on Thursday
to get the court to forfeit the bond of
Dan Russell as he was not present for
trial. States Attorney Koehane OF Beach
was assisted by Attorney Hanley of
handan, while Attorney w. F. Burnett
appeared for defendant in the absence of
Attorney Simpson. A number OF the
Billings county witnesses were present
and in order to make the county whole
on the expenses of it's witnesses. Mr..