The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1910-10-15
THOSE Cement HEARINGS
IN DISTRICT COURT next

There was an error in the cement case
hearing as given in the PRESS last week
which was wholly unintentional. 1t
was in reference 10 Fred Hanson's testi-
mony, conveying the idea that he
claimed that some one in authority al
the Mcclellan sheds arranged boards and
lights the night the round house cement
was moved. This was a mistake. Mr..
Hanson. state witness, made no such
statement. Joslin. the man arrested
at Glendive and now in Jail. made this
statement.
In substance the testimony of Fred
Hanson, in the employ of P. B. Pelton
for a year or more and still in his en-
ploy, was this: Went with Mr.. Pelton
sometime after midnight the morning of
September and helped haul three large
dray loads of cement from the N. P.
round house to the Mcclellan shed.
While unloading the two first loads he
worked on the dray getting the 1OO-lb.
sacks to the shed opening; for the last
load he went inside the shed to help put
the sacks back. He knew nothing of
any deal and did not see Mr.. Mcclellan
or any OF his men. He merely went
with Mr.. Pelton and asked no questions.
Geo. Joslin's testimony for the state
was in substance this: Went with P.
B. Pelton before starting to load cement
about midnight, to Mcclellan sheds for
inspection; used matches when opening
door to get into shed and in same way
located electric bulb within; saw no
one around or any light; but said Nc
Clellan agreed to leave light on; when
cement was loaded at round house. he
walked to sheds, going across and in
one instance reached there before the
team. Joslin admitted having some
acquaintance with Pelton prior to this
night; knew him while he, Joslin. was
working at depot did not claim to have
known Mcclellan prior to this transac-
tion. He claimed, as previously stated,
that he approached Mcclellan on the
matter of taking the cement at So. so
per barrel.
1t was brought out in the cross exami-
nation of Joslin that he, Pelton and
Rhodes were to share equally the pro-
ceeds of the cement sale.
Hanson. and .Joslin were the principal
witnesses for the state. In defense, Mr..
and Mrs. Geo. Mcclellan, VIM. Noggle
and Mark Sutherland testified.
Mr.. Mcclellan testified that Joslin
approached him two or three times,
claiming 10 be a contractor of the N. P.
and represented that he had cement left
over from the dyke work that was his
own. Mr.. Mcclellan said that he did
moi think good cement could be sold al
figures offered and didn't believe the
title to same could he right and there.
fore could not have anything to do with
it. He also testified that P. B. Pelton
came to him on the same errand and
said that he could guarantee the title,
etc. Mrs. Mcclellan heard part of the
conversation, also her father and Mr..
Noggle, who corroborated statements
made by G. W. Mcclellan.
In the state hearing against P. B.
Pelton. Hanson and Joslin were called
and told about the same story as when
called against Geo. w. Mcclellan. On
cross examination. Joslin said that
Pelton gave him $40 the day of Septem-
ber 2 and told him to leave the city. He
also made reference to dray receipt for
So. so which Pelton held which he said
had been made up, to show in case OF
any trouble arising. When Joslin was
asked why they did not haul the cement
earlier in the night. he said he did not
know they could as we'll as not.
Mr. Pelton did not testify and no wit
nesses were called for defense in his
case.
The cases will come up at the Decem-
Der term of court. The railroad COM
pany now has the evidence wanted and
will rest easy in the matter until Judge
Crawford convenes court on the 18th of
December.