Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-08-26
the word was given out that he would
be sent to Grand Forks on the after

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be sent to Grand Forks on the after
noon train. II was expected, OF
course, that he would be led out OF
the jail and down the street to the
depot. Long before train time the
people gathered In m%ultltudes and the
streets were lined from the jail to
the depot. The prisoner. however
vas not brought down the street.
Arrangement was made to stop the
train a mile east of the city. A bug.
Ky was slipped In the back way 10
tho Jail. the prisoner put In the bug.
gy. and again with whip and spur
they raced with death to the train.
The sheriff got his man on the train,
but with great diniculty for some OF
the enraged passengers interferred
and tried TO kick tho prisoner OF,
The train started Immediately and
the people were again outwitted,
Then a delegation of Towner county
citizens, some Of Judge Morgan's old
pioneer friends, some of my old pio'
neer friends--some o. the best men
have ever known and some Of the
best citizens-appealed to the judge.
was there ut the time, called there
by the states attorney Of ToWner
county to protect the interests Of
the state. The delegation was repre-
scented by an attorney who said In
substance: "lf your honor please,
this man cannot be in jail without
having a preliminary examination.
He must have a preliminary examina-
ton and be bound over in the regular
way. And the only place he a have
that Is in Towner county, for no 9TH
err county has jurisdiction over the
%offense. The offense was committed
In Towner county and the prelimin-
airy examination must be had there.
Il you don't send him back to Town.
err county he Is entitled to get out Of
Jail on a writ of habeas corpus n
may 80 free. You must send him
back" And the Judge said: what
will you do If | send him back to
your county?' And the answer was:
I'VE will give him a fair trial" And
the Judge said: what after that
"Well," said the attorney, 1--WE cant
make any promises after that The
Judge turned to the clerk of court
who was present, a good man AMI a
good citizen, but crazy mad on &C.
count of the sights he had seen, and
he said to the clerk: What do you
think about this?" And the clerk
said: ',By --, Judge, l believe in
hanging" There wasn't any merry
twinkle in the judges eye then; the
merry twinkle had gone and in Its
place was a look Of determination
that | never saw there before. He
sat up a little strighter in his chair,
threw back that massive head, ana
said: you promise him a fair trial
but after that you say you make no
further promises. The defendant
will stay in Jail in Grand Forks. Don't
worry any more about this now. GO
back home. You are excited now, you
will be ashamed OF this after a little
while. There is no danger OF this nan
getting out on a writ OF habeas cor.
pus; he wo't need any preliminary ex.
animation, for | will call a grand jury
in Towner county and let the facts
of this awful murder be submitted
to them and the defendant will be
tried by indictment instead of by in
formation" What he said would be
done was done. The murderer was
legally tried and executed. The law
was indicated and its majesty sus'
tanned through the moral courage OF
the sheriff and the judge.
He was the peoples judge, elected
hy all ,>o,t;oc ujthout onnocifinN
from any source. He secured for
this state the non.partisan judiciary;
not by words but by deeds of non.
partisan service upon the bench. His
uniform fairness inspired universal
confidence. No atfidavits OF prejudice
were ever filed in his court. He was a
great worker, often necessarily SO. for
many cases in equity, especially In
the early days, were submitted with
out brief or argument; and 1t Was
not only necessary for him to settle
the facts, but IL was also necessary
to search through The authorities for
the law. Admirable as he was as a
lawyer and judge ! liked him best
as a mans frnied and as a companion.
There was no lawyer in his court
who was not his friend and frequent
ly his companion. We were always
welcome in his room, and many a
pleasant evening hive | spent in his
companionship after the days work
was over. His genial, kindly humor
made him a most delightful and en-
pertaining companion. 1t never cut,
it never hurt anybody. 1t was a gen.
tie, kind humor that came like the
gentle sunshine to heal and not to
bruise. He couldn't say anything to
hurt anybody, he couldn't be sarcas'
tic or satirical. He couldn't say any
thing mean because there was moth
ing mean in his nature. 1t was all
good, and of course good a only
come from that which is good. While
genial and entertaining and always
willing to play the host, he had a
quiet, dignified reserve that marked
the boundary between familiarity and
good fellowship, and over which no
one ever t%respassed. That same
quiet, dignitied reserve followed him
everywhere, upon the bench and In
his everyday life.
And 30 this man is gone. We would
Vi be glad if his remains could repose
in the state where his life's work
was accomplished. And ye,s'wnat dill:
ference does it make where the re-
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