Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-10-18
Question Now Whether Smith
or Miller Now Have Case
. in Charge
Public Seems Anxious to
Learn What Is 10 be
Final Outcome
Transcript Of Mclean COun.
~ Trial Necessary in
Supreme Court

what has become or tne biclSloTu
case?" is the question which now
seems to be turning over In the minds
Of the public throughout the state.
The question has become very COM
mon one of late in all circles. A day
does not pass that tho politicians and
citizens from all quarters Of the state
who drop into the capital city do not
ask this question. Two or more gen.
tlemen meet in the hotel lobby and
settled down for little visit. One
asks, whats new and, invariably
the next question Is, what has be-
come of the Bickord case?' who is
holding it up, " 'ls 1t the attorney
general the states attorney, or the de-
PENDANTS attorneys" Such are the
questions being carried around In the
minds of the people OF. the state.
The Tribune, In order to get a CON-
prehensive idea Of the situation for
Tire enlightenment of the public.
made a thorough investigation OF the
matter, and In simmering 1t down
finds that nothing has been done for
the reason that the clerk OF court OF
Mclean county has failed to certify
the case up to the supreme court.
Section 10147 Of the code makes this
mandatory upon the clerk, but tho
Tribune Is unable TO say why this
condition exists. This Is necessary
before the briefs are to be filed. BY
reason of the fact that this delay mas
been made, 1t Is now doubtful u the
case can get in at this term OF the
supreme court and In all probability
it VII have to go over to the April
term, which will undoubtedly be very
satisfactory to Mr.. Blckford.
Delay Docs Not Effect the Status OF
Tire Case.
However. the delay does not affect
the Status of tho case III the least
and the object of the appeal Is but to
secure another trial, which OF course
would give Mr.. Bickford another
chance to get clear. Should the court
refuse the petition in the appeal the
sentence OF imprisonment now stand
ing against the ex.treasurer would De
enforced and he would have to go to
prison. On the other hand If the
court sustains the contentious OF tho
appellant he will be given another
trial Hence, wh"n the case finally
gets around to the supreme court, one
of two things will happen: Mr.. Bick-
ford will either be grated q new trial
and be compelled to run the gauntlet
again, or he will go to the pen. That
Is the sum and substance OF the
whole affar.
TWO Other Charges.
Two other charges stand against
Mr.. Bickford, embezzlement and falsf.
flying of the records. The former has,
probably been adjudicated, though the
other stands ready for hearing at any
time. At the very best the ex-treas-
urer is not haunted by freedom star
ing him IN the face.
Clerk May Act Soon.
1t is understood that the clerk OF
court of Mclean county has been
punched up on the mater and that
he will probably get busy within q
few days. and certify the case up to
the supreme court. This will call tor
the briefs from both sides. Should
this be done now, and should the
court allow the case to be entered
upon the calendar of the present
term there lis possibility of it's be-
ing heard some time during the conf
ing winter; otherwise 1t cannot pos
sbly be disposed Of till the spring
term which convencs I'm April.
Claim Case Has Not Dragged Un'
usually.
Some claim the case has not drag
ged unusually long, as cases go IN
the higher court. As q rule cases In
the higher court take long time to
get through, unless both parties are.
for certain reasons anxious to have
the matter settled, or In cases where
questions must be determined at
once, such matter pertaining to cleo
tion, etc. This class Of cases. and
especially those demanding immediate
attention, are given preference, while
cases like the one in question gen
orally take their routine and oil the
time possible, hence no inlned diate ac-
tion of note may be expected And
there you are. n \
q I: :. = = = I: = = s* q 4: :. :! =
= BENs STORIES PLEASED. =
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!: WhItel,ead's Industrial show s
4 pAi q.