Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-09-13

| CA SCAUCACC Ou SOAu4IAOA bAA<iU AC eA1AC
| the pledge and furnish a recognizance
agreeing to come into court whenever
ordered or called upon to receive sem
tence in the event OF his breaking the
parole. This action was taken by the
| court because it had been reported
| that Jake had been drinking heavily
and the court and states attorney
were convinced that his law breaking
: was chargeable to this unfortunate
habit. and felt that one man reformed
was better than two punished. His
| family was also reported to be on the
verge of want and in need Of his sup.
port and so he was permitted to re-
turn TO them On the condition Of the
/ Adobe parole.
AT the county fair. however. Jake
was again taken into custody by sher,
if Drurv and City Policeman Burnett
on the charge OF keeping for sale IN
toxicatiug liquors as q beverage at
the fair grounds and was found with
beer in his possession. which accord
ing TO evidence given later in district
court, he had been handing out.
Communication was Immediately
had with Judge Kneeshaw, who OF
de-ed him to be held, but Judge
Kneeshaw being about to leave for
Canada, Judge Burr Of the 9th dis
tr,et, acting for him, made written
order for Jake's arrest, providing.
however that he might put up bail to
appear tor sentence at the September
term Of court
A few i.ays later Judge Cowan r.
sued a WRIT Of habeas corpus direct
ing the sheriff to show his authority
for holding Jake in custody, and in
response to this writ, States Attorney
Crimson and Sheriff Drury appeared
before Judge Cowan at Devils Lake,
and showed the orders Of judges
hneeshaw and Burr as the ground for
Jake's detention, also obiecting to
Judge cowan g assuming jurisdiction
over matter which Judge Burr had
under consideration by request OF
Judge Kneeshaw.
Judge Ccwan, however, decided to
turn the prisoner loose, giving as his
reason that the orders of Judges
hneeshaw and Burr were made with
out authority. The Judge said how
ever that he himself had suspended
sentences, and :elt that they were a
good thing in some cases but claimed
that someone in the legislature had
criticized his practice in that respect.
.-Lang5on Republican.
Judging from the above and from
other articles which have appeared
ffon time ts time in the Opposition
papers it is quite evident that 10 mis-
representation CT faIsehood is TO be
allowed to 60 unused 10 defeat Judge
Cowan- The World has been to con-
siderable trouble to ascertain the facts
in this matter and we take pleasure
IN setting the facts before the voters
Of this judicial district.
The man referred in the article
Reproduced above, one Jacob spenss.
was arrested, under the prohibition
law, in Cavalier county some three
months ago and at the suggestion Of
the states attorney Of that county.
pleaded gully when brought before
Judge Knees aw, az he claims. on a
promise from the states attorney that
ne would not be sentenced. On motion
OF the states attorney, Judge Kneeshaw
did not sentence him but instead put
hin under his own bond that he would
appear in court when called upon to
d 80, and the judge also had him
make pledge to abstain from drink
Ing.
spenst was released and remained
at liberty for about six weeks OF two
months. He was again arrested upon
a similar charge upon a warrant is
sued by justice Of the peace, and
held in jail without being brought to
trial; for about two weeks in spite Of
his repeated demands for a hearing,
When his hearing did occur the state
had no evidence whatever against him
and accordingly at the close Of the
presentation Of the states case, he
was discharged from custody.
Judge Kneeshaw was absent from
the state and it was at his request
that Judge Cowan acted for him az
Judge Of the 7th judicial district.
Judge Burr issued an order for the
arrest Of spenst, unIess he gave an
other bond for his appearance In court
this bond to take the place of spenst's
own bond which Judge Kneeshaw had
accepted after e'penst had pleaded
guilty.
spenst wa. thrown into jail and
held for some time for failure to give
this bond and then appealed to Judge
Cowan for writ of habeas corpus,
claiming that he was being Illegally
held in custody.
Upon hearing before Judge Cowan