Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-01-04
Sixth Judicial Bar Tenders
Continued from Page y

Stevens.
The .Iudiciary-Hon. +. s.. Goss.
The Mclean County Bari. +. Mel
son.
The Kidder County Bar - J. +.
fhe2ps. n. ...a
The Territorial Bar-Gen. +. A. Wi.
liams. f.
Troubles of a Court-Hon. f. T.
Burke.
The Duty of the Bench to the Bar
T. Il. Mockler.
"Reminiscences of a Quarter OF a
Century on the Eench-Hon. W. II.
Winchester.
At the conclusion OF the toasts civ.
en- above Judge Winchester responded
with a toast entitled "Reminiscences
OF a Quarter of a Century on the
Bench which was as follows:
There is cue other matter that some
of you have heard something about.
Most OF YOU have heard about 1t in a
general way. 1t was the trial OF the
Indians at old Williamsport years ago,
TO my mind that Is II of the events
OF my iudiciaSy ,careeF In this district.
You may remember. that there were
five Indians arrested for the murder
of the Spicer family. They murdered
three oil. four generations: two little
children, a man and his wife, the
grandfather and an old lady. At the
trial there were two OF the Indians
that confessed. and their testimony
was taken when we were trying a
man by the name of Cadotte. re-
member charging the jury that they
could not convict Cadotte on the IN
corroborated testimony OF the two ac'
completes. 1t was for them to say
whether or not there was sufficient
~corroborating testimony. Without go
ing into further details, the jury
found the man guilty. The Supreme
Court found when they came to in.
yesticate the case that, in their judg.
ment there was no corroborating testi.
mony whatever and that there was
error in the trial. and they granted
him a new trial. | might say that dur
ing thd trial there was a large tent
pitched near the old school house III
which we held court. and in that tent
There WcIe Oll VI - AN
men watching. They made that tent
their headquarters and they were
watching the progress of that trial.
AFTER the supreme court handed down
their decision one morning the three
defendants that were left in the En-.
mons county jai'-two had been re-
moved to Burleish county were
FUND hanging TO a beef wlndlass near
the Jail. The citizens mad taken them
out during the night and lynched them
and it was said. although did not see
it myself. that this inscription was
written over them in large letters:
"The Supreme Court Reversed" 1t
was a terrible thing. yet | believe if
there ever was a lynchiag that was
justified that that was one of them.
do not speak Of it as j~ustifying it, but
if there Was ever a case where II was
i~ustifiable that a one.
Time would fail if | should tell you
of the many instances that came to
my mind as ! have been seated here
tonight, and | will just refer to one
little instance that took place up in
Brother Burke's district. You may.
Brother Burke. remember the time |
was called up Il New Rockford to try
a calf case. I think the case had been
tried two or three times. in justice
court and | think Judge Burke had
tried it once with a disagreement OF
the jury. The calf had grown to be a
three year old steer, and 1t had n
cross eye. 1t was called the Gross
eved-steer case" One mans name
was B~eardsley. l think, and at any
rate during the trial, during an inter
mission we were joking there among
ourselves. the jurymen and lawyers,
and | said 10 the two %litigants. Which
ever one of you gentlemen wins this
ease ought 10 divide up this steer with
the Judge" That was about all there
was said sbout it. The Jury happened
to agree. and l had not been home
very long before the express wagon
drove up to my house with a large,
fine loin of beet. and wrapped up with
Inc beef was a note which said: With
the compliments of the cross-eyed