The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-12-10
HAZELT0N RIOT
CASES TO JURY
THIS AFTERNOON
Trial has Proved Devoid of Sem
sati0n or Uncommon
Interest
DAUGHERTY TELLS STORY
Relates how He Held 1915 Wheat
Until After Murder of
Mrs. Perras
DAUGHERTY TELLS STORY

The Hazelton riot cases, which de-
veloped none Of the sensations so free
ly promised by Attorney General Ian
ger and his press agents, will go to
the jury late this afternoon. The case
has not only been devoid OF sensa.
tions but it has lacked even ordinary
interest. The evidence has been
tame to a marked degree, and the
room-full of spectators has attended
largely through cOmpulsion, being
composed principally of the jury pan
el and Of those subpOenaed for wit.
nesses.
George z. Whitford, 500 agent at
Hazelton, took the stand for the state
this morning and testified that he
knew nothing of the alleged unlawful
assembly in Hazelton the night of
June 6. He did produce a freight
had shipped in a carload of wheat.
Wallie Daugherty was recalled, He
told of Food Administrator Armstrong
protesting when Daugherty removed
his wheat from the elevator at Hazel
ton. "Well, it's my wheat, isn't it,"
the witness testified he replied.
Armstrong replied, 'Wallie, Wallie,
wouldn't be in your shoes for any
thing-you're the next thing to trait
or
J This conversation did not deter
Wallie from taking his 1857 bushels
of 1915 wheat out Of the elevator and
hauling it to his farm, where he said
he cleaned it and recovered 40 bush
els of chicken feed. Before hauling
his wheat home he went. to Temvik
and the miller there told him it made
no difference whether the wheat was
cleaned or not as they had to put it
through a tanning mill in any event.
The Temvik mill offered him 1906 for
the wheat cleaned. Daugherty took
the wheat out to his farm and cleaned
it and kept it there. He didn't want
to start hauling, he said, until his
seeding was finished. He had com
pleted seeding all his wheat at the
time of the Hazelton riot, but he had
hauled no wheat. esg-, T..
One Of Daugherty's excuses for
holding his 1915 wheat was that he
had listed it with Commissioner OF Ag-
riculture Hagan for seed. He admit
ted, however, that it was near the
middle of May before he started to
haul the wheat out to his. farm to
clean it, and that the seeding season
was then we'll over. His only expect
ed reward, apparently, for hauling the
wheat from the HaZeltOn elevator to
his farm, 9 1-2 miles, cleaning it, haul.
ing It back to Hazelton and thence
ten miles to Temvik, distance OF
II miles in all, was the 40 bushels OF
chicken feed which he recovered in
the cleaning process.
Miller Testifies.
Franz Temple, manager of the Tenn
vik mill, succeeded Daugherty on the
stand. He said that Daugherty came
down to see him about selling some
wheat and showed him sample. Tenn
pie quoted price of $2.06, and Daugh
erty promised to let him know Daugh-
erty did not let Temple know until
after the Hazelton occurrence. Temple
told of party coming down from
Hazelton about II p. M. June 6 to learn
whether Daugherty had sold this
committee THAT he had made ~Daugh-
erty a price and that the latter was
to let him know whether he would
accept, but that he had failed to do
so. He informed this committee that
there was no contract between him
and Daugherty and that no grain had
been delivered. t.1 '-" r..
o. W. Roberts. -....
o, w. Roberts of Bismarck. district
food administrator, was called. When
he testified that he had had no con-
versation with Daugherty about his
wheat until after the killing of Mrs.
Perras, he was excused.
The prosecution then rested, and
the defense declared 1t did not care
to present any testimony. Judge S. l..
Nuchols, for the state, completed his
preliminary address to the jury before
noon. John F. Sullivan will speak
for the defense this afternoon, ana
Nuchols will sum up. 1t is expected
the court will begin it's charge about
o'clock.
One Reason Why.
That, even though he is in the un-
dertaking business, it was from no
sordid motives that he took up posi-
ton near the door of his establish
ment in Hazelton, where he could
command a view of the street, near
midnight of June 6, the night when
MRS. e. L. Perras was killed, A. A.
Winner, Hazelton undertaken and
hardware merchant convinced the
court yesterday when in reply to
Judge Nuchols' insistent query as to
why he assumed this point of want
age he replied:
81 took this position so could take
a good chew of, tobacco and spit on
the sidewalk without splitting on the
floor of my store
There followed a rnomentary recess,
while court and distinguished counsel
Joined with the hoipolloi in convul
sion of laughter.
Case Dra9s.
The trial of the five Hazelton men
indicted by the Emmons county grand
Jury for riot in connection with the
death of Mrs Perras dragged through
another afternoon yesterday. Witness
after witness was examined without
CONTINUED on Page Two.)