The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-08-18
James NJ. Thomas To Be Given
Hearing Before Police Mag 7
istrate eastman in Case
LIQUOR CHARGE is MADE
Emm0ns County Sheriff Arrests
Man Alleged to Have Sold
Liquor to Thomas

Liquor 10 lnOmaS
James NJ. Thomas, companion
of Mrs. Alice Rafferty, when she
was killed in an automobile acci.
dent east of Bismarck Tuesday
night, is charged with "culpable
negligence" in the case by the
coroner's jury, which returned
it's verdict after hearing wit
nesses and viewing the scene OF
the accident.
Thomas was held today in Jail on
a warrant issued as result OF the
verdict, the warrant being returnable
to Police Magistrate eastman. The
verdict of the coroner's jury found:
THAT the said Alice Gertrude Raj
ferty met her death while riding in an
automobile about one mile west OF
Menoken, Burleigh county, North Da-
kota, by the said automobile being
overturned through the culpable neg
ligence of one James NJ Thomas who
was then and there operating the
same, being in an intoxicated condi-
ton"
The jury was composed of H. B..
Neighbor, w. P. Knott, .Jr., and o. E.
Kafer.
Scott Cameron, acting for States
Attorney F. G. McCurdy during the
latter's absence, was gathering furth-
er evidence in the case. 1t is not held
likely that Thomas will be charged
with manslaughter.
Describes Accident.
In an affidavit obtained by Mr.. Cam
eron, Thomas described the accident
and said that he got liquor which he
was carrying from parties in Emmons
county On the strength of the affi-
davit, local authorities went to EN-
mons county Sheriff Miller, of En-
mons county, according to wcrd
brought back by local authorities,
visited the place Of Louis Torkelson,
living south of Mofit, confiscated two
stills and arrested him on a liquor
law violation charge.
The affidavit OF Thomas, describing
the accident and telling of his par
chase Of liquor, follows:
"James M. Thomas, being first duly
sworn, deposes and says that on the
evening Of Aug. 16, 1921, he, in COM
pany with Alice Gertrude Rafferty,, in
atlantis car, drove to the home of one
Louis Torkelson, living south of Mot
fit, at which place he bought three
gallons of moonshine liquor and for
which he paid the sum of $2S; that
he placed the same in his car and re-
turned by way of Sterling; that when
about a mile west Of Menoken while
endeavoring to pass another car trav-
cling in the same direction, atlantis
car slipped off the grade, turned over
completely, struck the left side Of the
ditch and tipped back to the right
side, the left wheels being in the air;
that while the car was turning over
affiant was thrown from the car and
that Mrs. Rafferty, fell out of the car
on the right side and was pinned un-
der the fender, the fender resting up
on her back and her body pressed in
to the ground; that Immediately she
called aftiant and directed him to help
her out, but that he was unable to
move the car and she died in that po-
sition before help arrived.
Threw Away Jugs.
That as soon as affiant discovered
that Mrs. Rafferty, was dead he took
the jugs containing the liquor out OF
the car, carried them about fifty
yards, emptied the contents and threw
the jugs away; that pint bottle con-
tanning some of the same liquor was
lost or dropped in the accident and
affiant picked same up after discover
ing it and threw it in westerly di
rection along the side of the road"
"That the man whom affiant believes
to be Louis Torkelson, lives about
eight or nine miles south of Moftii
that the place where the liquor was
obtained was about mile and half
north and then west from the home of
Torkelson; that affiant drove to the
Torkelson home, picked up a man
whom he believes to be brother-ln-
law of Torkelson's, drove toward the
place where the liquor was obtained.
meeting Louis Torkelson on the way;
that Torkelson got IN and went to the
place where the liquor was delivered
and that the liquor was delivered IN
one one-gallon and four half-gallon
jugs, which were hidden or planted
in potato field; that the $2S in pay
ment for the liquor was paid to Louis
TorkelsOn.
That the liquor was received and
paid for about seven o'clock and that
the accident occurred about ten
O'Clock or a little earlier"
(Signed),
JAMES NJ. THOMAS.
Funeral Tomorrow.
Funeral services for Mrs. Rafferty,
will be held tomorrow afternoon at the
Perry Undertaking parlors. Mrs. Raj
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