Sioux County pioneer. (Fort Yates, Sioux County, N.D.) 1914-1929, 1916-11-17
Selfridpe Assault Cases Thrown Out of
Court After Jury Disagrees After
An All Night Session
THOMAS G.. DANDo CASE WAS DISMISSED
Complete Report Of First White Man.
Jury Term Of Court Held in the
New County Of Sioux

4-..---;-.: :. !:
The first regular jury term Of dis
trict court for Sioux county con
vened at Fort Yates Monday after
noon with Judge Hanley Of Man
dan, on the bench. The other Of
ficers of the court were L. G. aBrod.
erick, reporter; b.. S. johnson
states attorney; J: A. Wells, clerl
of court; Chas. Gayton, sheriff;
Dan Urell, deputy sheriff; VIM.
Jordan and John Treetop, bailiffs,
The first matter taken up was
the calling of the. calen dar, there
being the following four criminal
cases moved for trial: The state
against Giles T. Brown, charged
with assault with intent to kill John
Stevens; Zephyr Hummell charged
with assault on Chester Smith; Day
ton Heile1nan, charged with assault
on. Zephyr Hummell;; Thos., Dando.
chargedwith misconduct as a school
officer. The latter case was mis-
demeanor charge s..3s
H The case against Brown, who was
defended by Attorney Pat Morrison
of Mobridge, was the first called.
The securing of a jury was an easy
matter and the introduction of the
testimony required little time. The
attorneys made their argument to
the jury Tuesday evening, and the
judge delivered his instructions to
the jury "Wednesday morning.
The jury had no difficulty in ar
irving at an agreement in the Brown
case, and returned a verdict Of guilty
without. intent to kill. Under the
instruction of the court the jury was
given the latitude Of returning a
verdict, in the event Of conviction,
for a crime Of d lesser degree than
that charged by the state, which
was assault with a dangerous weap-
on with intent to kill.
The1tcstimony brought out. show
ed that Brown went to collect a
thresh bill and, was armed with a
shotgun: In the defense his -attor-
ney brought to the stand several
witnesses who testified to Stevens
bad character and reputation. These
witnesses also testified to Browns
general good character and reputa-
tion as peacable and law-abiding
citizen. Mr.. Morrison put up very
strong plea in behalf of Brown, and
Mr. Johnson for the state did equal
ly we'll. The case was fairly tried
on both sides, and the verdict Of
the jury justified by the facts and
evidences:
Following.were the jurors in the
Brown case: Geo. F. Fritz. C. o.,
Hupe, L. G Parish, J. A. Mack kin,
Edgar Chapman, Nose 3. Hackett,
James sOscarson, Louis Harm, Karl
H. Bishop, Dave Babbit, VIM.
Hoover and Andrew Anderson.
Nose Hackett was foreman Of the
jury.
Yesterday morning Brown was
called up for sentence. After a plea
for mercy and consideration for his
client by Mr. Morrison, Judge
Hanley gave Brown a suspended
sentence of IL months in the state
penitentiary. This means that dur
ing the time of good conduct and
exemplary behavior of Mr.. Brown,
for the term Of the sentence, he will
not be required to serve any time in
the penitentiary. Under the parole
laws of this state a sentence of this
kind can be made by the court
when in his opinion such a sentence
will best serve the ends and require
ments of justice
In questioning Mr.. Brown before
passing sentence, it was brought out
that he had been resident Of this