The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1910-06-10
scou,iirt.s

Court.
Court convened on Tuesday but aside
from calling over the calendar and
some other routine business there was
little doing and not many present.
There was divonre case heard Olds
VS.. Olds where the husband sued with
no appearance Of the defendant and
the divorce was granted.
John Mitchell vs.. e. w. Conmy was
on trial Wednesday. The plaintiff
claims to have threshed for defendant
at a fixed price per day. Rain and
other things interfered with regular
work and the suit was for four and
three quarters days during a period
covering about eight days of time. A
payment of $500 has been made by
defendent and balance sued for was
refused on various technical grounds
but principally that the machine was
not fully manned either with teams or
pitchers. Phelps & Phelps of Grafton
were attorneys for the plaintiff and j. P.
Conmy and M. Brynjolfson were for
the defendant. The verdict of the jury
was Tor the plaintiff for s13329.
In the criminal cases j. H. Schmitt
the elevator agent from toilette plead
guilty to forgery IN the third degree,
and was given the minimum sentence
of one year in the penintentiary.
In the case Of Samuel Winters who
took the horses from the McCabe
stables at Glasston, he was arraigned on
Tuesday and Atty Spring procured an
affidavit from DR.. Baldwin of the state
Insane asylum to the effect that Win
tiers had been sent to the asylum from
the penitentiary while serving SEN
tence there, and later discharged to
the penitentiary again and then again
returned to the asylum from which he
escaped in Feb. of this year, and that
inhis opinion that Winters was suf-
fering from epileptic insanity and was
an irresponsible person. On this afi-
davit Atty. Spring moved to impannel
jury to first try the prisoner for insanity
but as this was overruled, refused to
defend the prisoner under the informa-
ton, resting on an appeal to the SUI
preme court. When the jury was
impanneled for trial and the box filled
and the states ATTORNEY was examining
the jurors as to qualifications, the
accused seemed to think that as far as
he was concerned he had no farther
interest in the court and in spite of the
sheriff and other officials of the court
got up and went down stars to the
Jail.
A peculiarly then ensued in that
the judge is not supposed to excuse the
jury for recess except in the presence
of the accused. However Atty. Spring
and others coaxed him back into the
court room and while TIE judge was
excuslng the jury the prisoner occupied
his time in shaking his fist at his honor
and saying that he "would like to knock
his block off" and then went down
stairs again. 1t is also somewhat of
question as to how much restraint NAV
be put upon an unruly prisoner to force
him to remain in court room and
make him behave himself. 1t is prob
able that the prisoner will be sent back
to the asylum from which he escaped as
ne still has some three years to serve
Of the former sentence. The govern.
ment which had taken some action
towards deporting him as an undes re-
able citizen seems to have dropped the
case. i
No further cases appearing the jury
we're dismissed on Thursday afternoon
and most OF them hurried away home at
once. The Sowle case was continued
though the defendant did not appear at
court this term. He is under $4,000.
cash bail. D. j. Laxdal is his attorney.
Court will remain in session TO-DAY to
take up any court cases that may appear.
Certainly it is a remarkable record.
that after full year without jury
term that only one civil case and practi-
cally no criminal cases needed the ser.
vices of jury at this time.
Two Hay Quarters.
One 3 miles south, one 3 miles west Of
toilette. For lease one or five years