Iditarod pioneer., 1914-08-15
ANGUS M'DONALD
 FINED $1 AND COSTS

As the result of what is alleged to have been a drunken carousal that terrorzed the residents of the restricted district of Flat City last Saturday night or early Sunday morning in which windows were smashed and other acts of lawlessness were said to have been committed, a warrant was issued for the arrest of Angus Mcdonald on com plaint of Deputy Marshal A. H. Conln oi the creek town. Mcdonald was arralgned before Commissioner G. w. Albrecht and the trial set for Thursday afternoon at 2 o'clock The complaint charged assault and battery on the person of Ruby Mckee known in the underworld as Della. The defendant, represented by W. F. Harrison put up most strenuous defense, and took advantage of every technicality possible but the jury, after couple of hours deliber ation, brought in a verdict of guilty, with recommendation for "extreme clemency by the court.
 The case was tried before jury composed of James Farrell. w. Thomas, J. Wilson Ray Henderson, J. E. Beattie, Frank Shy der Commodore Al Love- H. Boas, E. J Smith Vic Pierson, w. Acheson and c. B Sims.
 MT. HarrlS0n OcectS Mir. Harrison objected to the complaint and attempted to call Deputy Marshal Con lin to the stand to question him before the witnesses for the prosecution were called He contended that the warrant was defec- tive for the reason that probable cause was not shown in that he had reason to believe that Conlin had no personal knowl- edge of the alleged crime, and the law con- templated that a warrant must issue at the instance of the actual accuser.
 Charles E. Taylor, as special deputy dis trict attorney, made an argument Tn re futal, and Commissioner Albrecht held that he must follow the law, as a commissioner court was not competent to pass upon a constitutional question.
 Ruby Mckee, alias Della" who said she lived on prominent street" in Flat, testl- fled that early in the morning of Sunday, August 9, the window of her place was broken from without, and that shortly after ward Mcdonald, the defendant, attempted to enter her cabin She tried to prevent him and he struck her in the eye. The ap- pearance of her optic bore out the testl- monv to some extent. She related a con versation had with Mcdonald on the morn ing of the trial in which she said he asked her what she was going to testify to. She told him and he said she could not prove that he struck her On cross examination she stuck to her story.
 After calling one more witness the gov ernment rested.
 Some More Objections
 MT. Harrison then moved that the case be dismissed on the ground that 1t had not been proven that the alleged crime was com mitted within the jurisdiction of the court, as it was not stated in the complaint where Flat City was located The motion was overruled.
 Deputy Marshal Conlin was then called to the stand and identified his signature on the affidavit of complaint In reply to a question of counsel he said he swore to the complaint not on personal knowledge but on hearsay.
 MT. Harrison then moved that the infor- nation be quashed on the ground that It was insufficient, as Conln, the complain ant, had sworn that the crime was commit ted, when in reality he had no personal knowledge thereof and was therefore guilty of perjury. He entered into an extended ar gument, citing numerous authorities Tn be- half of his contention
 Mr Taylor contended that the informa- ton was sufficient, and Commissioner Al brecht denied the motion.
 Witnesses were called by the defense to prove that they had been in company with Mcdonald all of the night in question: and that he did not strike the woman, and that it would have been impossible for him to have done so without their seeing him.
 The defendant was called to the stand to deny the commission of the act complained of and the woman witness was called in re buttal, after which the case was given to the jury at l0:30 p. m.
 After being out for two hours the verdict of guilty was returned
 At noon Friday Commissioner Albrecht, taking into consideration the recommends tion of the jury, sentenced Mcdonald to pay a fine of S1 and costs amounting to SIPS.