Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-11
Italian First Demufs TO H.
formation Then E1ieFs
ns Plea
Court Takes Up Charge Of
D0Otlegging Against
Montgomery
Testimony Involves Employees
Of q Local Hack
Concern
Stltes Attorney Scores Rotten
Conditions ID bQflelgh
County

Il am not guilty." was the plea Of
Francisco Coccimigilio when he apr
peared in court yesterday afternoon
to answer to the charge of killing re.
lice Yannazzo In an Italian railroad
camp In September. II.
He was to have entered his plea at
the morning session but his attorney
interrupted hi mby filing a demurrer
to:the information, claiming the tnfor-
nation was direct regarding the Of
fense sought to be charged, that the
act constituting the crime WAS not
stated clearly, that the ofense sought
TO he charged WAg not set forth -
different counts, that the information
clt6rfes more than one 0ffense, that
the facts stated Iii the information
do not constitute q public offense,
and that the information was mot
stated clearly and distinctly in ordin-
ary language to enable person OF
common understanding to know what
was intended. Neither the defense
nor the state offered any argument.
Judge Nuessle deferred the matter till
Q O'Clock in the afternoon when ne
overruled the demurrer and Coccl-
migilio pleaded not guilty under In.
struction or his counsel, Mr.. Smith.
It appears no wthat relatives of the
murdered man are anxious that the
trial should proceed without further
delay, and both the mans brother,
who is employed now on the section
near Menoken, and his mother. back
in italy, are anxious to lend every
assistance in prosecuting the accus?
ed. At the time Yannazzo was killed
there was nearly $40O in his belt. This
money was not molested by his as
sailants. John l. Roop some time ago
was appointed special administrator
and has the money in his charge,
though some Of it was spent for Yam.
nazzo's burial expenses. His rela-
tiyes now want to use the balance Of
the money to employ special counsel
for the prosecution if deemed neces'
sary.
After Ccccimigilio offered his plea
of not guilty yesterday afternoon he
was again remanded to the custody
OF the sheriff, but his case will be on
as soon as the case against james
MONTGOMERY and the one against
{ George Mcdonald are disposed Of.
The greater portion of the day was
occupied In dYawing the jury in the
case against James A. Montgomery
charged with bootlegging, and 20 men
Of the regular panel of SO were exam
4 ined before the jury was complete
which was not. till $3.50 o'il0ck.
This case had been carried ovel
from e5May term and was based on
the information filed at that time BY
/ s.. w. D. Folger, who claims he came
to Bismarck from Fargo in the EN-
ploy. Of the state enforcement league
to assist the states attorney Of Bur
!. leigh county to gather evidence II
liquor cases. He and John D. Pinhit
ter, who claims he is the assistant Sc
cretary Of the Y. M. c. a. at Fargo
were the only witnesses offered by tht
state. They both claimed they had
ridden in Montgomery's hack which
he was driving for Matt Clooten tc
4 the half way house south of the city
They also claimed that on the 1911
! day Of March that Montgomery pro
cured for them q pint Of awhiskey
H which was delivered to, them at Cloo
tens barn that afternoon. and tha
they paid him the sum Of ,A.5O. Il
While under the fire Of the ques
tipns forced at him by Attorne,
l Mockler for the defense. Folger claim
ed he had not been drunk that day
though he might have given the ap
pearance Of having drank several
bottles OF beer. He did admit. how
ever, that ne drank part Of the whis
key procured through Montgomery
with Dick Taber. and that Taber tool
the bottle to his home and gave ht'
wife Z drink, then brought the bottle
back to Folger. and that the book
was finally delivered either to th'
{ states attorney, or Rev. Watkins. q
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