davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
In the Supreme Court
State of North Dakota. respondent,
vs.. VIM. H. Fleming, appellant.

State of North Dakota, respondent
VS.. VIM. H. Fleming, appellant.
/. Statutes and rules of practice
pertaining to district courts in this
state apply to proceedings in county
courts with increased jurisdiction
under section $3.50, r. c., 1905.
2. A term of court within section
1891, R. c., 1905, means term Of
court actually held, and not one that
may be held; and criminal action
should not be dismissed for failure
to file an Information at term Of
court at which a defendant can not
be regularly tried by jury.
3. 1t is not error to refuse to dis
miss a criminal action by reason of
failure to arraign q defendant under
section 1871, R. c., 1905, where the
arraignment is not made at the next
term of the court after the informa-
ton is filed, as that section does not
prescribe that the arraignment must
be made at the said term.
4. Under chapter 6S, laws of 1907,
pertaining to calling juries in county
courts with increased jurisdiction, a
jury is not necessarily to be summon
ed unless there Is criminal case
awaiting trial." and case is not
"awaiting trial. where the return of
the justice on the preliminary exam
ination only is filed, and the defend
ant is not in Jail, but at large on
bail.
miss a prosecution under section
~
term of court mentioned in that Sec
ton is one at which the defendant
could not have been regularly tried.
6. Section $500, R. c., 1905, is ex-
pressly applicable to the dismissal of
prosecutions in county courts with
increased jurisdiction, for failure to
prosecute the action, in cases where
the defendants are not confined in
Jail, but are only under bonds to ap-
pear at the county court.
Z. Whether criminal action should
be dismissed where a defendant is at
liberty under a bond for his appear
ance, by reason of failure to prose-
cute the action as provided by stat
! ute unless a trial is demanded, not
decided.
8. 1t is not prejudicial misconduct
on the part of states attorney to
state, in reference to an objection by
defendants attorney to- question
asked him on his cross examination
at the trial: Counsel was q little
| slow in coming to the assistance OF
the witnesS," especially in view of q
| prompt caution from the court to the
jury to disregard the remark.
l 81
in express terms that they are the
sole judges of questions of fact, II
ever prejudicial error, is not so where
the charge In substance 80 states
and there is not request for q speci
fic instruction on that point.
10. A person convicted of assault
and battery and sentenced to pay 6
fine and costs which are taxed and MOI
paid, may be imprisoned as provid
ed by section 1904, R. c., 1905, fol
the non-payment of the costs as vel
as the fine.
Syllabus by the court.
Appeal from the county court O
Bottineau county, Kirk, J.
Defendant was convicted of assault
and battery and appeals.
Affirmed.
| Noble, Blood and Adamson, for an
pellant.
J. j. Weeks and Hon. Andrew Nil
Ter, for respondent.
Opinion of the court by Morgan
4. j., all concurring.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
THE CITY
HOME q, COOKING At eRowLEH

Housekeep or the Job and Amateurs
TackeI It.
The cook has jumped the job at
the Growers Club and Messrs. butk :e,
and Miller sprung surprise on thel'
companions Thursday when tney LII,
vited them to the house for luncn anu
served the following menu, ana are
willing to take oath that the cohee
at least was home breWed:
Menu.
Stuffed Olives
Cold Clipped Beef Pork and Beans
German Fried Potatoes
Sugar Cookies Plneapple oau'e
German Cookies Raspberry Sauce
Coffee
Caterers-William Burke and Hansen
Miller.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
JAMESTOWN Man IS
MADE Superintendent

Jamestown, N. D., May IN. P.
Roadmaster F. L. Birdsall of this
city has been appointed division sup
erintendent of the, Northern Pacific,
with headquarters at Staples. Mimi.
He is an old official and very we'll
qualified for this position. His many
friends are extending congratulations.
S. A. Wilder succeeds Mr.. Birdsell
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
SUNDAY SCHOOL CONVENTION.

All the arrangements for the state
Sunday school convention of next
week are moving along smoothly.
All the noted workers in the state
will be present and w. A. Brown of
Chicago, an international specialist,
and Zillah Foster Stevens of Alton,
ILL.,. also an international specialist,
will be present to present different
phases of the Sunday school work.
The first session will be held next
Tuesday afternoon at 2:30, in the
Methodist church.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
LAVENDER LUNCHEON.
Mesdanes Fisk and Lewis Entertain
a Dozen Friends.

MeSdameS FISK anu Ce"1S E''ee' eet'''
Dozen Friends.
One of the most pleasant social
functions of the spring season was d
lavender luncheon given by Mesdames
Fisk and Lewis yesterday afternoon
at the home of Mrs. Mary Lewis, 3l9
Sixth street. There were twelve
guests, and the afternoon from l
o'clock was passed playing royal
bridge. The rooms were prettlly dec
GRATED for the occasion and the fol-
lowing ladies were present:
Mesdames ,Smyth, Dullam, f. e.
Patterson, Atkinson, Hoskins, Wake
man, Cochrane, E. J. Taylor, Foley,
Burke, Newton. of Mandan, and Rob-
ert Orr.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
TAKES FINAL PROOFS.

H. l.. Won Benschoten is down from
Krem, Mercer county. He Is U. S,
commissioner at that point and has
a big line of final proofs all the time.
He one of the old timers and has
helped open up the country in Mer'
Ger county.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
WILL MEET SINGERS.

Rev. Gilbert Stewart will be down
from New Salem tonight to meet the
choir which is to do the singing dur
ing the Sunday school convention to
be held here.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
SURPRISED RELATIVES.

Mrs. w. A. Dillon Of Spokane, sur
prised her relatives by walking in
on them yesterday for visit Mrs.
Dillon left the city about a year ago
and likes her western home.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
VISITED HIS FAMILY.

Attorney James McCulloch of Wash
burn, was in the city yesterday af-
ternoon, ON his way home from Min
neapolis, where he visited his family
for a few days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06

EASTERN STAR MEETING.
There will be a meeting of the o
E. s. this evening and it is request
ed that all members be present as
there IS business of importance to
come before the meeting.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06

OLD MAID SCHOOL MARIN.
Miss Threedice, the prim old maid
school marin. will freeze the audience
with her cold glances at the Bijou
May 6.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06

VISITING THE SMITHS.
Mrs. Smith of Tower City, is visit.
ing her daughter, Mrs. II. S. Smith,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06
eLEAsoN's CONDITION SERIOUS.

No Chances Will Be Taken-Physi'
clans in Attendance.
Fargo papers note that Capt. Will
liam Gleason, formerly of Bismarck,
whose wife was buried in Fargo Mon
day, was stricken suddenly and re-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-06

and family. She is accompanied by
another daughter, Mrs. Murphy, and
child OF Tower City.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
CONGRESSMAN WOODS TELLS
OF SMITHS WORK WITH RULES
Through His Efforts start Was Made
in Fight that Gave House
MemberH Freedom.

Congressman Frank p, Woods member
of congress- In the Tenth Iowa district. and
also member OF the republican national
congressional committee, has written the
following letter to Henry Petersen. chair
man OF the republican congressional COM
mittee for this district:
Il understand that there are some parties
in the Ninth district who are making the
statement that Congressman Smih has al
ways been opposed to any revision of the
rules governing transaction OF business by
the house OF representatives.
This Is not the fact During the last
few weeks OF congress preceding the pres
ent congress Il was through the influence
OF Congressman Smith that rules were
amended which gave as calendar Wednes-
day. II was through the influence OF Con-
gresham Smith-in fact. 4 understand he
personally assisted in drawing the amend
ment-that the rules were amended during
the latter part OF the last session OF con-
gress which enables the majority Of the
members TO get bills out OF committees
There is no question but Congressman
Smith is one OF the ablest members Of the
house OF representative think this will
be conceded by practically every member
OF congress. / am sure that IL viii be very
gratifying 20 the Iowa delegation II Con-
gresham smith is reelected by a very
large majority"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
ELMER FEHR IN COURT
ON CHARGE OF CONTEMPT
Ordered TO Make AooOuntfnE Of T,rust
Ponds in His Hands a.
Guardian.

Elmer L FShr was arrested yesterday
afternoon upon a bench warrant issued by
Judge o. d. Wheeler charging him with
contempt OF court in neglecting to turn
over trust funds after being removed as
guardian Complaints were filed stimuli
taneously. each charging that Fehr had
neglected to obey the courts orders for
an accounting TO the new guardian. One
affidavit was filed by h. A. Jones of
Omaha. alleging that on October u, 1905.
Fehr was appointed guardian OF Elma
Reafa Jones and on that day there was
paid into his hands the sum of g. 2S5 G. from
the sale OF real estate belonging TO her.
and that Jones. as guardian of the same
minor in Kansas. paid an additional sum
OF d,l8 to Fehr, ON October y, 1910. Fehr
was removed from the guardianship and
Jones appointed instead, The order OF re-
moval included also the command 10 pay
TO the new guardian all OF the money held
by Fehr belonging TO his ward. The affi-
daNt alleges that he has failed utterly 70
do so despite numerous demands.
Tue second affidavit is made by sarah
Jones, the new guardian OF Irma Bishop,
whose money retained by Fehr is stated
to be the same as in the first case, 81, 2S5 g.
and the third is from Mary A Williams
the new guardian OF Willie Williams. She
alleges the amount stiu In the hands OF
the former guardian Is about 5000 Judge
Wheeler fixed Fehrs bond at $1,000 and
he was under arrest but a few hours unit
he secured the required obligation The
hearing OF the case was set FOR Novem
Der n.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
Council Bluffs
MIS-. Agnes HENRY
Goes for Estate
Mcintosh Property in Scotland to Be
Divided Among Number Of
American Heirs.

Mrs. Agnes G. Hendry, who has been
resident OF Council Bluffs for nearly hAll
a century, sailed from New York SATURDAY
for GLASGOW, Scotland. where she goes 10
look after her interest as one OF the helrs
OF one OF the Oldest estates In scotland.
The property Is chiefly located at Edin-
burgh and vicinity and represents many
thousand dollars in value. The heirs are
scsttered ALI over the world. and but one
eighth of II comes 20 this country. Inc
interest in the estate comes TO Mrs HENRY
through her grandmother, Mrs Jane
Hetherington, who came to Council bluLAs
with the first Mormon immigrants ana re-
NAMED here. When she died, many years
ago, her property all went to her only sur
viytnE daughter, Mrs. Kippen. the mother
Of Mrs. Hendry. Mrs. Hppen dieo Two
years ago In Denver, leaving three other
daughters besides Mrs. Hendry. and two
sons one Of the daughters became the
adopted child Of H. H. Field, and was a
beautiful and accomplished woman. She
was married to w. M. Geddes, and for
many years resided at washington, d. c..
where she died in 1900. Mr.. Geddes has
had charge OF the government exhibits In
all of the recent worlds fair enterprises
and is we'll known in Council Bluffs An
other OF Mrs. Kippens daughters is Mrs
Thomas Mulqueen Of Denver, member
of the well known Mulqueen family of this
city.
The property to be distributed is the Mo
Intosh estate, one of the oldest in Scot
land, and the order for distribution FOL
lowed the death of the last surviving mem
Der a short time ago. The value Of the
estate Is problematical. H. H Field thinks
it will amount TO about $500 for each OF
the heirs in the United States, Attorney
Thompson Of Grand Island, Neb., has been
employed by Mr.. Geddes to represent the
interests Of the local heirs, but Mrs.
Hendry, who is the oldest in the family
refused to join the other heirs and decided
to make the trip to Scotland and make her
settlement direct with the crown lawyers.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
Congress to Be
Asked for Aerial
Military Fleet
St. Louis Aero Club Offers Free Use
Of Aviation Field for Gov
eminent Tests.

WARRINGTON, Nov. 7.-Plans for an
aerial military squadron will be presented
to congress. the number OF the air machines
to be provided being left by the War de-
partment to the lawmakers.
This was announced today by Major Cen
eral Leonard Wood, chief Of staff OF the
army. Brigadier General James Allen, chief
Of the signal corps ia his report to Cen
eral Wood, already has recommended that
twenty machines be purchased at once for
the army.
The necessity for more heavier han-air
machines is held by army authorities to be
imperative II the United States Is TO keep
abreast OF other powers in the science Of
military aviation.
ST. LOUIS, Mo-, Nov. The board Of
governors OF the Aero Club Of St Louis
tonight authorized President A. B. Lam
bert TO offer to Secretary Of War Dickin-
son the use OF Kinloch aviation field for
government seroplane tests, following the
announcement that the secretary had con-
tracted for fifty machines for the use Of
the United States signal corps At the
same time Mr.. Lambert was authorized to
offer $4,000 to any domestic or foreign
manufacturer OF seroplanes who will first
demonstrate the prscticability OF his ma
chimes to the satisfaction OF the War de-
partment. The use of the local aviation
field is offered without cost 20 the govern
ment, and the further proposition IL made
that the soldiers at jefferson barracks,
who may be required during the tests,
will be transported without expense to
the department. The Aero Club OF St
/ Louis is the only organization in the United
/ States of a similar nature which owns it,
own aviation field.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
MAKE LAST EFFORT
TO DEFEAT KUEHNLE
Delayed Action Used a. Pretense to
Affect Election Against Can
didate for senator,

DENIsON, Ia, Nov. 7.-(Special Tele-
gram)-A last attempt was made today
to defeat c. r. Kuehnle for state senator
In this district composed OF Monona,
Harrison and Crawford counties by send
ing broadcast copy of an original notice
in a case filed recently in district court,
charging the law firm with which MI
Kuehnle is a member, with defrauding a
German farmer OF his land. The petition
was drawn by q local attorney named
Harding who has recently been before the
court under dishonest proceedings. The
transaction in which Il is complained MT
Kuehnle had a wrong part is said 10 have
taken place in 1897 and no suit has been
brought before. 1t is clear that IL was
brought now and the notice mailed out
by the thousands at this time TO affect the
election and Senator Kuehnle's friends here
are most indignant
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09

would then kill herself They determined
that the woman should shoot and kill
Rustin IN his office, but she lost her nerve
and failed 20 DO Il. Several nights later
Rustin took her to the barn back Of his
residence and tried to get the woman to
Kill him there. saying that Il would be
believed that burglars had done It. but
after promising 60 Kill him she again
weakened and would not fire the shot She
says Dr. Rustin would not kill himself be-
cause he feared his family would not get
the insurance.
The case will be resumed wednesday.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
Iowa New Notes.

CRESTON-The new FOntanelle depot was
formally opened Sunday for traffic and
the trains will now stop in the village.
Heretofore, for years, the depot has been
located a mile from the village, and the
residents Of that place are now preparing
to assume metropolitan airs. because they
can take the train within a few minutes
walk from their homes.
CRESTON-In the foot ball game here
Saturday between Greenfield and Creston
High schools, the result was a tie, neither
side scoring. The Greenfield team h com
posed Of great husky fellows. much heavier
tory. The plucky home team not only
held their own in a great game, with the
odds all against them, but made their
them scoring.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
DIETZ RELEASED ON BAIL
AND REARRESTED AT ONCE
Cameron Dam Defender Again in JAtl
Charged with Shooting in
Niaeteen-FOur.

HAYWARD, Wis. Nov. A-John r.
Dietz, THE Cameron dam defender" today
was released from jail on $4,000 bonds, but
Immediately was re-Arrested on another
charge and tonight iB again In Jail.
Dietz was charged with killing Oscar
Harp, deputy in the recent siege OF DietE'
cabin at Cameron dam. AS soon as Diets
stepped out ON to the porch Of the jail
Sheriff Madden served a warrant for the
shooting of Patrick McGin on May 8, 1901.
Dietz' attorney asked II that was the
last OF the charges against his client, but
no information was given him.
Attorney Schultz stated that tho $4,000
bail for Leslie Dietz would be available in
day or two. Bail for Mrs. Dletx is
available at any time, but she refuses to
accept il until her husband is liberated.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09

FriEhtfUI Experience
with biliousness, malaria and constipation
is quickly overcome by taking DR. Kings
New Life Pills. 25c. For sale by Beaton
Drug Co.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
Real Estate Transfers.

These transfer were reported 70 The Bee.
November z by the Pottawattamie County
Abstract company OF Council Bluffs:
William l. Coclllin and wife to James
X fuman, ga nwia and swh ne y
"a ll-ti-3o, ......... S14 400
Edna g. Lindekugel ard husband TO
FRED W. Pierce, nWls nela and n
10 acres Ewi4 neit ll-I5-4l W. d. 500
Lurenz y. Paulson 20 karOlna Lar
sen, Wa ma OF lot 2 in block l.
"a halIs addition 10 Council Bluffs,
Ia, ". d........................ 1 100
r. III. Anderson 10 Estela Anderson,
lot y and SO Of lot -, in block T.
IN Hinckley's addition TO Walnut
sarah b. b Ro6reF ana G husband to ~
Louis y. circuit lot p ip block A IN
kqhrers Park list addition to Coun-
Ell Bluffs, la, ". d.................... 5il
Jupa r. Myers TO IA. c. MCGEE. lot
rs, IN block ], Ina Wrghts addition
% Council Bluffs, la. W. d.. l5g
Nhemiach e AL 10 Frank Parloto
lots Z ana s. Ina block NJ In Craw-
lords addition 20 Council Bluffs.
Seorge W. Ilpe and wife to James Fl.
Harris, lot D In block g iu Railroad
add ton 90 Council Buffs Ia w. IA 4
Friend T. HAYES 20 Maggie A HAYES.
lots . and Z, IN block j. in High
ANA Place addition TO Council
SHUTS. La, ". d....-----....-..........
Total. nine transfers. sll.o7
E.Y. Plumbing Co. Tel. so Night L-I7u
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09

Eor 40 wears Lydia f. Pinkham's Vegetable
CompOund has been the standard remedy for
female ills, No sick woman does justice 10
herself who will not try this famous medicine:
Made exclusively from roots and herDs' ana
has thousands of cures TO its credit.
SwEas Mrs. Pinkham invites all sick women
to write her for advice. She has
Guided thousands TO health free OF charge
Address Mrs. PinkhRm, Lynn, Mass
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09

,. Y. Pumbins co. lei. 80 Night LIMA
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09

Good Results Always Follow
The use Of Foley Kidney Pills. They
are upbuildins, strengthening and sooth-
ing. Tonic in aotion, quick in results.
Sold by all druggists.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-09
Marriage Licenses.

Marriage licenses were issued yesterday
70 the following persons
Name and Residence Age
Engelbert Nelson. Council Bluffs ....... 2i
Kate Miller, Council Bluffs. ............. 10
Leonard s. Aglesworth. Omaha. ......... =
Mabel q. Anderson, Council Bluffs .... Is
The Nome daily nugget., 1910-07-06
NOT WORRYING

gaze aroun don every hand am
see the leaders ef Tho hand IA grs1t
distress and peace al mind, With ais
and Woes Of every kind Some men II
millions cannot eat. nor at a banquet
take "A seat: their stomach is quite of
the track; their liver too. is out nf
whaek They're able ta command tn
best. and 60 about in Lroadc!1.h
dressed. hut Indigestion knocks th,u
out and sends their system NJ tho
spout And other men of mighty
means are only human work ma
chimes they fume and ffe: for Tar It
crash will come along and grab th,h
cash. They worry. worry, an the time
they're raking in each lttla dime.
only earn little dough. hut thank tie
Lord do not 60 about and fret fat
fear I'll see my props slip nut fren
under me-I.os Angeles Express
The Nome daily nugget., 1910-07-06
ARTHUR
OPEN To WORLD
Nuggets SPECIAL Service.

Toxic July 1t is announced in
tie uH5rEi Gazette that Port Arthur
IS now open to the shipping world
Tat port has been closed ta tha world
ever since thu beginning nr tie ian
u'sc-Hus~ian war. and sine, its close
and occupancy hF thu Japanese the
diplomacy IF tHr world has been en-
t.eat"rihg Co have it opened. It Is
very largely through the efforts or Mr..
Knox United States Secretary VI
state. that this has been brought
about. and it was in pursuance IF tho
aPen-dear policy adopted by john Hay.
Secretary of state under tho Roosevelt
administration. that the cnd has been
obtained
The opguiuE of thu port Is regarded
4s beiHE one 81 tn most important
features IF the present liberal trend IT
tHnught in Japan. Il offers AN appor-
tnnity Tor part of the trade of Man
ehHra which has heretofore been en-
tfrely controlled 10y Japan. as we'll a.
giving harbor for vessels I'm distress
travcrsing the yellow Sea ana Korea
BAY
The Nome daily nugget., 1910-07-06
PRESIDENT TAFT GRlEVED
AT DEATH OF FULLER
Nuggets Special Service.

BALTIMORE July 4--Prezident
Taft. Who is temporarily IN this city.
spending the Fourth Of July. vas very
much shocked over the news If the
death Of Chief Justice Fuller. Of the
His acquaintance with the late iurist
was ca-extensivc with his own public
life. and the warmest personal friend
ship existed between them Chief Jus
ticc Fuller administered the oath OF
office IL him when he was iRaugurated
as President Of the United States. He
feels his loss as deeply as though it
was personal one, and is greatly
grieVed over il.