The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1916-01-22
BROWN CONVICTED
BY MANDAN JURY
VERDICT RENDERED AFTER
ONLY ONE HOUR OF DE-
LIBERATION.
Will Be Sentenced Next Monday
Penalty From One to Five Years
in State Penitentiary.

: | ~ssSAsS~u 4NCAS 4AOuOdy-
Penalty From One to Five Years
in State Penitentiary.
John Brown, Richardton farmer,
. tried at Mandan last week before
Judge J. M. Hanley, on the charge
CT shooting at his 14-year-old son,
Nick, with a shot gun on December
18th, was found guilty by the jury
late Saturday afternoon after de-
| liberation of only SIS minutes. The
charge was completed and the case
went to the jury at 3:45 p. m. They
returned a verdict Of guilty of as
sault with a dangerous weapon with
intent to do bodily HARM" The pen
atty is from one to five years in the
state penitentiary, and it is expected
by many that when the sentence is
passed by Judge Hanley next Mon
day, it will provide for the maximum
penalty.
The case was changed to Morton
county because of the alleged opinion
that Brown, who is an Austrian, had
a rather bad reputation in Stark
county and his home neighborhood.
1t was thought that an impartial trial
on this case could perhaps not be had
in this county, hence the change of
venue.
1t was about ten years ago that
Brown faced trial for the alleged
murder Of son. The boy was
killed in a manner never determined,
Brown claiming that the boy had
died from injuries when run over by
the horses in corral. The body
was buried in the barn yard at the
Brown place almost Immediately after
death, without a coroner's inquest.
When the body was later exhumed
, by the authorities, it was found that
the boy had died from a fractured
skull. Proof could not be obtained,
however, that Brown had committed
the deed, and he was acquitted.
The first witness called in the trial
last week was Nick, the boy who was
shot at. Briefly he said that John
:: Brown sent his wife and Nick to
New England to collect note.
When they returned with check in
4 Ipayment for same he became angry,
r saying that the check was no good.
+ Mrs. Brown and the boy declared
1 that the check was good and if he
e doubted them he could go to Richard
I ton and have it cashed. After this,
e Nick and his brother, Frank, II years
r old, fed the horses, remaining at the
barn because they knew that their
mother and father were engaged in
quarrel at the house. Afterward
their mother came out to the barn
' to talk to the boys. Brown soon fol-
lowed and again commenced to quarrel
Il with his wife and attempted to
q strike her. She ran around the horses
f and Frank, the older boy, stepped be-
: tween his father and mother, holding
n the former back saying: "You have
}. abused mother long enough
e Brown then seized his son by the
h throat and the two fought. Frank
d called to his brother, Nick, for help
l. and the two boys overpowered their
$ father, the latter saying, Let me
a alone, everything is now over They
e released him and he got up and
s. rushed into the house and soon re-
s. appeared with a shot gun in his hand
J. The boys then became frightened and
e started to run across the field.
ID Witness testified that Brown freC
two shots after them, one Of the
charges striking Nick in the hip
: When questioned as to whether or moi
the father had ever threatened tt
kill him or the family, he declared
that this happened almost every day
He asserted that the father fre
quently told them if they would no
leave the place he would kill them
as they were Of no help to him.
States Attorney Burgeson and AS
sociate Attorney Burnett attempted
to place Mrs. Brown on the stand al
witness following the conclusial
Of the cross-examination of Nick
The defense objected on the grount
that wife cannot testify against he1
husband without the latter's permis
sion. This Brown refused to give ant
the prosecution was denied the us,
of the witness
Peter Lenhardt, son-in-law of tn,
defendant, testified that he had livet
with the Brown family for ter
months and at that time had repeat
edly heard John Brown threaten vari
GUS members Of the family. He tolt
OF the father throwing axes and ;
pitchfork at one of the boys.
The defendant was placed on thu
stand late Friday. His testimony in
cluded an admission of the fight with
his sons. He claimed, however, thai
he did not attempt to beat his wife
He said that the boys grabbed hi
whiskers and forced him to tht
ground. He further admitted getting
the gun from the house, but asserted
that his object was to shoot above
the boys and frighten them.
The jury, while deliberating, tool
the sheep lined coat the boy wore or
r the day Of the shooting, and separat
'e ed the lining from the cloth. The
1t back Of the sheepskin plainly showed
marks made by the shot after pas
le sing through the cloth. This settled
le the matter in their minds, and a yer.
= dict Of guilty was returned. He wal
id brought hack tn tho Starlr co,,,,+,, ~ !;