The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1911-11-10
Court.

Court was called to order on Tuesday
by Judge Kneeshaw. The afternoon
was spent in hearing motions, etc. We'd
nesday morning the case of E. G. Stew
art was called. States attorney McMur-
chic and JEFF Myers of Grafton appear
ing for the state and w. j. Burke of
Bathgate for the accused. After read.
ing the information charging murder in
the first degree by attorney McMurchie
the attorney for the defence moved that
the information be quashed on the
ground that it failed in specifying the
the manner by which the homocide as
committed, if such crime was committed,
saying that the information only said
that the accused had committed crime,
but not specifying the manner and
means. The court overruled this motion
and an exception was taken. The pris-
ener.w was then arraigned and pleaded not
guilty. The work of getting jury was
then begun about IL o'clock.
Stewart is accompanied in court by
his sixteen year old daughter who has
been staying in town for some months.
The regular panel of thirty-six jurors
exhausted and nine jurors
selected. Ten tales men were summon
ed and the other three were selected by
Thursday noon. They are as follews:-
F. M. King, Pembina; Sigurdur David
son, Gardar; j. Kaercher, Cavalier;
George Burt, st. Joseph; L. Berard,
Neche; Hubert, Fennell, Hamilton; Dan
Flanagan, Gardar; F. G. Myrick and
j. d. McCoffery, Pembina: w. P. Storms
Toilette; Alex. Mitchell, Bowesmont; Jos.
Walhalla.
At the afternoon session DR.. Solely of
Neche was called as a witness for the
state. Atty. Burke at this time object
ed to Atty. Myers appearing as chief
council for the state; arguing that the
statutes do not permit such assistance
to be had by states attorney unless auth
orized by the county commissioners.
The fact that Mr.. Myers was retained by
Mr.. McMurchie was conceded and the
court ruled that Mr.. Myers must not act
as chief council in the examination Of
witnesses.
DR.. Soley's testimony on direct exam
ination was to the effect that he with
others went out to the woods where the
body was found and saw the skeleton of
. man partially imbedded in the earth,
with the flesh gone and only some lig-
aments and the bones remaining.
The bones lay in natural position, ap-
parently undisturbed, except that one
shoe containing the bones Of the foot
were found near and about half way up
the body. DR.. Solely also identified the
clothing that was brought into court,
which in some parts were remarkably
well preserved, though the outside CLOTH
ing was badly rotted.
The trial will doubtless require sever
al days to complete as objections Of the
attorney for the defence are made to al
most every question made BY the state.
The jurors not on the present trial
were excused until Monday, but any Of
ithem preferred to remain here rather
sthad pay their own fares home and hack
again. B. ID u ls
s The colored man who was held for
making threats at the Martineau thresh-
Ing machine was allowed 70 s. free On
Thursday mQrning.
We understand that tho Martineau
case has been carried over to anothsr
term Of court sYSa
Coal.
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lowest Phone 81.
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