Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-11
mot GUILTY" Plea
OF ALLEGED KILLER

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did not remember which. it then
developed that it had been practice
OF Clooten's hack drivers to procure
liquor for patrons of the hack line
and to establish whether or not Cloo
ten had permitted his men to carry
on the practice. Mr.. Clooten was
summoned as a witness. On the stand
he stated that he had never consent
ed to his men engaging in that prac.
tice, though he did give the informa
ton that for those kind Of trips the
fixed price of so cents was charged,
and turned into the office. E6
Other men employed at the barn
at the time were placed on the stand
and from their stories it could have
been concluded that Mr.. Clcoten had
had knowledge of liquor being deliv-
cred in the manner just mentioned,
but that he, Clooten, had never es.
tablished any rigid rules prohibiting
it. Montgomery's cwn testimony was
straightforward. He id not appear
to be shielding any part Of the trans
actions, and stated that Clooten had
full knowledge Of his divers Of en-
gaging in such practice. 5h5
In arguing the case for the defense
Attornew Mockler asked the jury to
compare the statements Of a man
like Montgomery who had lived in
the community for 33 years, pioneer
citizen who had raised his family
here, and was steadily employed, with
that Of such men as Folger and Pen
hitter, who had come here from a dis
lance and had only been here for
about six days, and had come here
for the sole purpose of setting a trap
for some one that they might make
a record nfe
States Attorney Berndt in summing
up his side Of the case, stated that If
these two men had been brought
here for that purpose it %ad been be-
cause "of rotten conditions in Bur-
leigh county" He stated that as
states attorney he was no piker. He
bad always tried to do his duty but
that he had been hampered on all
sides, and that the only way he could
find to clean up such violations Of
the law was to appeal for assistance
through the enforcement league. He
was not attemnting to wreak revenge
upon Montgomery, or any other ind-
vidual but he was attempting to en-
force the law, because complains were
being continually brought to him:
Twice during the course of the
trial Attorney Mockler moved that
the court instruct the jury to bring
in verdict for acuuital because the
evidence was insufficient, but in both
instances he was Overrnled. With
the conclusion of the arguments
court adjourned till nine O'Clock this
morning when judge Nuessle will
charge the jury with the case and
give the jurors their specific instruc-
lions. The verdict will be waited
with interest because of Montgom-
ery's pioneer residence in the city,
and because of the fact that It's the
first bootlegging case tried in the
county.
When George Nichols, charged with
assault with a deadly weapon when
he shot 500 Fow through the foot,
was in court this morning he was
still determined to so ahead without
the assistance Of an attorney which
the court offered to select for him.
He finally, however, did plead mot
guilty. to the offense with which he
was originally charged, but did give
notice that he might plead guilty
to lesser offense.
Isaac Lanto was also brought. to