Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-01-23

in the case Of the State of North Ia
Kota VS.. George Red Fox, after dellb
Grating on the case from 5 O'CLOCK
Thursday until 10 o'clock Friday
morning, returned a verdict OF as
sault ain dbattery. The defendant
was charged with assault and battery
with the intent 70 commit the crime
of rape. Red Fox is a full FLOODED
Sioux Indian. The complaining Wiz
ness was Mrs. NJ. G. BurdicN OF Tim
mer, n. d.
The Charge. ... "
1t was claimed by the state that
| Red Fox had on the 9TH day of De-
cember, 1914, tome to the house OF
| Mrs, Burdick where she lives neal
Thinner, in Motion county, and as
saulted her, struck her, and kncked
her down out in Ter yard, dragged
her into the house, and threw her
down and attempted to rape her. 1t
was claimed that on three separate oc
cassions she got away from him, ana
on two of the occasions he caught
her and dragged her back into the
house. Then she finally escaped and
ran to a neighbors house. A doctor
was called and it was found that her
arms and shoulders We're severely
bruised and that cartilage that con
meets the breast bone to the ribs was
severely strained.
State Refuses Plea.
When the defendant was arrested
and brought before the district court
it developed that he had no funds ana
no property, and could not hire
counsel, and Judge Nuchols appointed
Attorney J.. F.. Sullivan Of Mandan 10
defend him. Upon investigation OF
the matter, Attorney Sullivan offered
to have him plead guilty to assault
and battery, but the state would not
accept this plea. Attorney Sullivan
then set up a defense of i~ntoxication.
It was shown that the Indian and a
friend who was with him, had called
on the same day, an hour or so before
the alleged offense was committed
at the house of Harry Whipple, in
Morton county, and there had drank
a pink of whiskey, which had been
furnished to the Indians claimed by
Whipple. That Whipple then sod
the defendant a quart more OF Whls'
key, and that at the time that he LETT
Whipple's place he could not mount
his horse, but was assisted on to the
horse, and the horse wandered around
the prairie before the friend who was
with the Indian could get it back on
to the read. 1t further developed that
Whipple was the nephew of the COM
planning witness, Mrs. Burdick.
Mind a Blank.
The defendant claimed that he had
no recollection of anything that hap
pened after he loft the Whipple place
until he woke u, out on the prairie
that night. That upon waking he
staggered to a fence, and found ms
horse standing their and was finally
able to mount the horse, turned the
horse aimlessly on it's way and the
horse carried him to Shields. he
went into the pool hall there, and
and again lost consciousness. and
the next thing he knew was when ne
was at his fathers camp on the reser-
walton. :.
No Intent Shown.
On this state of facts Attorney Sui
liyan argued to the jury that IN as
much as intent was the gist' OF the
crime that he was charged with. II
he was so intoxicated that he had lost
control of his mental faculties. ne
would not have the power to form an
intent, and if that element of the
crime was missing( all that he could
be found guilty of would be assault
and battery, and that only If he had
sufficient mentality to do it wilfully.
Red Fox will be sentenced on Satur'
day.