The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-09-19
WITHEROW TELLS
OF The AFFAIR
GIVES INFORMATION IN REGARD
TO THE ALLEGED INABILITY OF
ADoLPH PAcKLuND, PETER
STARK AND THEODORE AMBER
SON TO SECURE HEARING.

/
are Theodore Anderson, charged with
being drunk: Adolph Packlund and
Peter Stark for resisting an officer,
the offense having been committed
near the north bridge The defendants
have retained Atty. T. H. McEnroe to
fend them.
City Attorney Witherow contended
there has been no unnecessary delay
and no particular objections, to the
continuances which have been ordered,
by T. H McEnroe, the attorney for the
| denfense.
! OF the affair Mr.. Witherow makes
| the following explanation:
II was present and assisted in max
ing the arrest upon the night in ques-
ton, and am therefore familiar with
the circumstances which were as
follows:
shortly after IL o'clock, a large
number Of people congregated upon the
approach to the north bridge in front
of the Higgins & Aske saloon. Patrol
man George Hirsch was on duty at
that point, and the great number OF
persons proceeded llomeward on their
way to Fargo in a quiet orderly man
ner, but some forty or fifty remained,
show off smart in that silly manner
incident to the use of intoxicating
liquors, by some individuals. One per-
son, in particular staggered around
upon the sidewalk making a spectacle
of himself for few minutes, then be-
gan to use a fresh paint sign as a
text for some sully disorder. The pa
trolman walked up to him and censur-
ed him and told him to 60 home, taking
him by the shoulder and starting him
over the bridge. At this point his arms
were taken hold of by some of his COM
panions who endeavored to persuade
him to accompany them, but he
was obstinate and wrenched himself
loose and returned. l then went up to
him personally and told him that he
had better go home, as he would get
himself locked up by acting in that
manner. Instead of taking kindly to
the suggestion, he began to swear and
seized hold of my arms, while / was
wrenching myself loose the patrolman
returned and took him in custody. A
number Of his companions jumped for
ward and attempted to rescue him
from the custody of the officer, and it
took our united efforts to extricate the
person in custody, from the crowd and
start him toward the station. Upon our
way, we were rushed several times and
pounded in the back, and efforts made
to wrest the prisoner from US, but we
beat them off each time. A number Of
them followed us into the station in
dulging in Billingsgate vituperance,
circumstance of which 1 was glad, be-
cause it enabled me to place the two
ringleaders under arrest right in the
station, without the trouble OF going
out to get them. They seemed to have
the impression that the officers of the
city were just intended fur punching
bags and objects of vibuperation, and
that they should be held to answer for
it in a criminal proceeding for this in
nocent piece of amusement was to
them an unheardof incident, and, of
course, they were very much abused
thereby. / released them upon their
depositing SO each
The Day of the Hearing.
"They decide to fight the matter and
employed Mr.. McEnroe to conduct their |
defense. A time of trail was arranged |
and agreed upon between Mr.. McEn- |
roe and myself. At this time the JUS
tice being otherwise engaged, the mat |
ter was continued until Sept IA, when |
l Unexpectedly discovered that the off, |
Ger whom they were charged with re-
sisting, had left town upon his vaca-
ton, so / asked the court for a con- |
tinuance until his return which was |
granted. Mr.. McEnroe, was advised |
that the continuance would be asked |
for early during the forenoon, and / |
understand advised them of the fact, |
but they were determined that the |
court should follow their wishes rather |
than the ordinary course of procedure, |
and as the court did not agree with |
their ideas, hence their dudgeon.
These are the facts so far as this !
incident is concerned, but there is an /
underlying motive which Is not ap-
parent on the surface. A custom has
grown up, of large number of peo-
pie congregating around the approaches
of the north bridge, more particularly |
upon Saturday night, after the clos
ing of the saloons. Quite large num-
Der of these people are of the hoodlum |
variety, who consider that their num-
Der, justifies their obstructing the side |
walks and approaches to the bridge, |!
and by lot of obscene and profane |
language accompanied by silly conduct |
This has proved very annoying to. the |
decent respectable persons having oc-
casion to use the bridge, more parti-
cularly ladies'. The officers have done |
all that they reasonably could to abate |
the nuisance, but in a large number of |
instances in attempting to make ar
rests out of the crowd have have re-
sisted by the companions of the OBJ
streperous individuals whom they We're |
taking into custody, and in number
OF instances have been quite severely I
beaten. BY queer coincidence, those
persons have proven to patrons of two /
certain saloons who have been curbed |
or punished for offenses in their man
ner of conducting their business and In /
each instance the attaches Of these sa-
looms have RECALLED the bystanders and /
others within the sphere Of their per-
sonal influence with a very magma i
tive recital of tyranny of the officers, |
in interfering with the liberties OF In
nocent individuals. In those interest
ing discussions, 1 am advised that my /
personal activities usually form a pro-
minent part of the programme, as it |
seems to do in this instance
i don't expect personal popularity
from these sources, but wish to adj !!
wise them of two things, one is that
the officers of this city must be as
sisted in the performance of their duties. /
not obstructed, the other is that their !
personal opposition shows that the
actions of the officers have been justi-
fed. Some one has said that it is al |
ways the struck dog which yelps. The
yelping at the present time is a very