Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-26
NUESSLE
GRANTS
MOTION
CASES AGAINST FORTUNE,
CAssELMAN AND MASON
ORDERED TRANSFERRED
TO MORTON COUNTY.
GIVES time FOR APPEAL
Attorneys Have Until Thursday
to Prepare This; Court Has
Busy Session.

w = ~ CtSA ~ 4 AAAS VIVA 0SssS
Busy Session.
morning in district court granted a
motion for change of venue in the
cases of the State of North Dakota VS..
George Fortune, former chief of po-
lice w. S. Cassleman, police magis.
trate, and Charles Mason, former spe.
cial policeman. All three defendants
are charged with grand larceny.
Claims Prejudice.
In applying for the motion, States
Attorney Berndt filed affidavits pur-
porting to show why the cases could
not be fairly tried here because of
prejudice Attorney Mockler, repre-
davits in opposition. The court lost
no time, however, in it's order to
transfer the cases to Morton county
for trial, and granted the defendants
until Thursday morning to prepare an
appeal to the supreme court In the
event that no appeal is taken, the
cases will probably be given prompt
attention in the district court at Man
dan during the present term.
Results in Disagreement.
The case of the State of North Da-
kota VS.. George Fortune was tried in
the district court here shortly after
the term opened in December and re-
suited in a jury disagreement. For
tune, Casselman and Mason are
, charged with having relieved a GER
tain Assyrian peddler of his pocket
book containing $40, besides certain
goods the latter had in his possession
when arrested. The complaining wit
ness in the case is George Harriet. He
was arrested last September on the
charge of pedd.ing without a license,
lodged in jail, and searched. Here he
claims to have been relieved Of his
money and goods, was later taken to
the Missouri river bridge, and told to
get out Of town. In Mandan he told
his story to States Attorney William
LANCER, then assistant states attor-
ney, who made a preliminary exami.
nation. Warrants for the arrest of
Fortune, Cassleman, and Mason on
the charge of grand larceny were is.
sued September 29.
Mckone Found Guilty.
The criminal calendar for the pres.
ent term of district court was finished
last Saturday when J. M. MckOne OF
Bismarck was found guilty of import
ing liquor in the state for wholesale
and retail distribution contrary to
law. McKone will be sentenced to-
day. The jury in the case deliberated
ho1 h0,rr 1nfOrn ratnrninO thu
verdict. McKone's case had previous
ly been given attention this month
and resulted in a jury disagreement
at that time.
Cases Continued Over.
TWENTY-FIVE criminal cases were on
the calendar when district court con.
vened December s. Zen of these cas-
es were tried and three pleas of gull.
ty entered. The Fortune, Casselman
and Mason cases have now been or.
dered transferred to Morton county
on a change of venue and the remain
ing cases continued over. The states
attorney moved for dismissal in five
of these cases but the court has or
dered them tried. One of the defend
ants, James Headmark, charged with
maintaining common nuisance,
cheated justice by committing suicide
this month.
Dismiss Jury Today.
-Four civil cases were on the pre-
emptory call yesterday. Two of these
were settled out of court and dismiss
ed while the other two causes, both
of minor nature, were given atten-
tion by Judge Nuessle. There is only
one more jury case on the calendar
of % civil cases and the jury panel
will probably be dismissed today. The
other civil actions will go before
Judge Nuessle in the chambers.
Two Are Sentenced.
H. f. Kilmer of Bismarck, found
guilty of maintaining common nuis-
ance, was yesterday sentenced by
Judge Nuessle to 80 days in Jail and
fined $400 and costs. In the event
that the fine is not paid, Kilmer must
serve an additional so days in jail.
A ten days stay Of sentence was
granted in order that attorneys for
Kilmer may make an appeal. He is
represented by Hyland and Madden.
Carl Hanson, found guilty of rob-
berry, was yesterday sentenced by
Judge Nuessle to an indeterminate
sentence of not less than year or
more than the remainder of his nat
ural life The length of time Hanson
must serve accordingly depends on
his good behavior. He has not as yet
been committed to the penitentiary.