The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-01-06
THOMAS DARE IS FOUND
GUILTY OF sAoOnRs
At Joe Poznansky on Nov. ~, Whe.
He Attempted to Hold Up the
First National Bank.
eadwood Telegram January 4:

Deadwood Telegram January a:
The original panel of 20 was ex-
haunted and a special venire of q
men was summoned before the jury
in the Dare case was completed yea-
terday. AS agreed upon, the IL men
are: f. A. Hemler. f. Bell, E.
foungberg, E. G.. Curran, Robt,
Pringle. u. II. Thompson, Fred
Perry, l. M. Dempsey. A. J. johnson.
John B. Mayo and d, w. Alderton
and Fred Harris
The state introduced as witnesses
Frank S. Peck, Joseph Poznansky.
X. q. Phillips, ]. G. Lemming, NJ. N.
Wheeler, ex-Sheriff Plunkett, Dep
| uty Sheriff G. l.. Harper and Tom
| Davis. From these the story of the
attempt on the part of the defendant
to hold up the assistant cashier and
rob the First National bank of Dead
wood on November 18th was extract
ed. 1T was in all particulars in ac-
cord with the story Of the affair as
published at the time and as brought
out at the preliminary examination
of the defendant
The defense put on the stand ONLY
two witnesses, the defendant him
self and one Nicholson. 1t was evil
dent from the defendants testimony
that an attempt will be made to
show that at the time of attempting
the hold-up the defendant was tenn
porarily insane from the use OF
whiskey, morphine and cocaine. On
cross examination he showed that he
remembered the buying of the gun
by Simons on money furnished by
himself, and numerous other details
OF his conduct Immediately before
the crime was committed, but he
could not recall some incidents that
occurred after his arrest.
Both the state and defense rested
before court adjourned yesterday af-
ternoon and the arguments of coun-
sci will be commenced this morning
at $3.50 o'clock.
This morning Judge Burns sub
mitted his argument for the defense.
which was mainly that his client.
Dare. was insane at the time of the
attempted hold-up from the use of
cocaine and liquor.
States Attorney Hebron maintaia-
ed that Dare had come here with
the express purpose Of holding up
the bank and further that friends
here brought him here to do the Job.
The state closed it's concluding
argument at 11:30, after which
Judge Rice instructed the jury,
which went out at 11:45.
The jury was out only ten minutes
and returned a verdict of guilty as
charged in the Indictment.
Yesterday the following addition
al jurors were drawn to fill out the
panel: G. w. Alderton, Fred Harris.
w. A. Powell, Burke O'Brien, James
Putnam, William Able, John R. Cur
now. Nick Treweek, John B. Mayo,
w. A. Remer, J. B. Mars, w. #. Hold
gins.
Today another venire was made of
the following to serve as jurors:
w. T. Hodgin, James Putnam, w. A.
Powell, D. A. Taylor, John r. Cur
now, Hiram Alexander, Ira Sheldon,
Francis Brady, Nathan Burns.
Neil Macarthur pleaded guilty to
horse stealing. He was sentenced
to the reform school, being under 81.
M. j. Donovan pleaded not guilty
to keeping his saloon open on Sun
day. His trial will come up later.
A prisoner by the name of Batter
she'll pleaded guilty to assault and
battery. He was indicted for felony.
Williams and Noteworthy, the
young men brought back from Ere
mont, Neb., charged with the larceny
of goods from Mic Pupich's saloon
building in Lead, had a hearing to-
day. Williams pleaded guilty and
Noteworthy was turned loose for
lack of evidence. it being claimed to
be impossible to secure the necessary
witnesses.
The case against William Johnson
and John MAXI, charged with dyna-
hitting house in Poorman gulch,
was called at O'Clock. The attor-
neys were sparring over the selec-
ton of jury as the Telegram went
to press.