The Dickinson press., 1915-05-29

A little after a o'clock Wednesday
afternoon, Charles w. Sylvester was
receiving congratulations from his
many friends on having been acquit-
ted Of the charge of willfully shoot
ing Mary Sylvester, his wife, at their
appointments I'm Belield on February
5.
The case, after a trial of about four
days, was given to the jury at 3
o'clock and in abnut an hour the ver-
dict of mot guilty." was returned.
This ease was carefully tried,
States Attorney Fl. A. Burgeson and
Attorney =. ID. Casey conducting the
prosecution, while the firm of T. F.
Murtha and J. ,W Sturgeon, assisted
by Attorney w, h Burnett, defended.
The state was able to secure the ad-
mission into tho record of portion
of the dying statement made by Mary
Sylvester at S. .Joseph's hospital in
which she nsade il appear that her
husband wilMnlly gave her the fatal
wound. HowgveK,. this was contra
dicted by her statements to different
parties in BelfieEb before coming to
Dickinson, i'm which she conveyed the
idea that the disEhafge of the revol-
yer was accidental
Mrs. Gregory, mother of deceased,
who resides 10 miles north of Bel
field, was an unwilling witness, called
by the state. d. III. iHecht, stenogra-
pher in McBride's office, acted as in
terperter. Willie Sylvester, II years
old, was another witness who did not
strengthen the states side.
~ ,r<l r.o,s--~ Cy4.,x..,1~, x,,.~..
the hall when the revolver was dis
charged, but they testified that all
they heard IN tho next room was some
loud words. George thought he heard
Mary say: 'Dont do it; take it away"
The doctors discredited the dying
statement by saying that the woman
was in such a condition as only to give
answers to suggestive questions.
Among the witnesses called by the
state We're: Willie Sylvester, Harry
Delce;3 John Gilbert, John Boltz,
Nurse Page, DR.. Ohage, Andrew
Erdahl, H. A. Burgeson, Mrs. Greg
ory, Earl and George Stevenson.
The defense called: l. A. Nelson, DR..
Cosgrove, DIR. are. Spear, C. A. Nc
Carly. C. w. Sylvester, Harry Dence
and Nurse Page.
The pleas by the LAWYERS were ex-
haustive and attracted many spectat-
ors. H. A. Burgeson opened for the
state, T. D. Casey closing. w. F.
Burnett and T. F. Murtha argued for
the defense.
The following jurors were accepted
for the case: Pete Bleth, N. Right
man, Isadore Pirkl, Frank Schank, C.
w. Palmer, Paul. Horn, John Schmidt,
Ed. Hempel, A. d. Heaton, S. M. Fer
ris, James Kittleson, Charles Bake.
Charles w. Sylvester has been in
the employ of the Northern Pacific
for about 13 years, and for some
filling the responsible position Of pas
senger conductor. Now that the case
has been passed upon by IL men and
defendant acquitted, it is believed
that he will get his position back with
the railroad company.
In the leslie Austin case the jury
returned a verdiet against the boy
and he was given a year in Jail at
Dickinson. Tho general opinion had
been that he would be acquitted.
However, the pukors heard all the evi-
dence and no ono questions their de-
cision. They could not see the case
in the same light as did defendant
! and his many friends. Attorney H.
C. Berry prosecuted and must be
! given credit for presenting a strong
case.
Civil cases were started as soon as
| the Sylvester trial was finished. AS
stated last week, citizenship applica-
tions will be heard June 8 and on
June court will be convened in Me-
dora.