The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-11-13
ASSAILANT'.0F
E. A. HUGHESIS
GIVEN PENALTY
Fined $50 and Costs, Making
Total of $93.4O, in Justices
Court Today
ATTORNEYS IN TILT
McCurdy Said State Expected
To Prove Long" was
Wanted for Burglary

marry Long OF Milwaukee,
charged with assault and battery
on E. A. Hughes, was fined $50 ana
costs, increasing the total to 993.e0
by Justice Anton Beer in justice
court at 8 o'clock this morning, the
defendant entering a plea Of guilty
through his attorney J. K. Murray,
States Attorney McCurdy asked
the maximum penalty of 500 fine
and 80 days in Jail be assessed. MI.
Murray urged that the fine be but
S., asserting that in plea of gull
ty in an assault and battery case
the, minimum penalty always was
imposed. Justice Beer said that, aft
er considering the gravity Of the of-
fense and the statements Of attok~
.neys, he would fine the defendant
$50 and the costs, the same to be
served out in Jail at 50 day II not
paid.
The case was called for 1880
o'clock this morning in the dity.
council chamber, being postponed
from Thursday afternoon when the
case was placed before Justice Beer.
A jury had been demanded by the
defense and 18 jurors were impan-.
lelled. ft2.t. s$& i5
The defendants counsel, Mr.. Mur-
ray, asserted that in his examination
Of jurors Justice Beer had bysan err
roneous ruling barred questions rs
to what a juror would do in such !
case Of brother committing assault
and battery to avenge a wrong done
his sister, and declared that with
the "unwritten law" plea barred IA.
had nothing to do except plead gunsi
ty. Mr.. Murray said the sister was
here ready to take the star
The, states attorney, Mr.. McCu,-,
dy, asserted that he expected to-
prove the defendant was Jack
O'Keefe, that he was wanted in Min
neapolis for burglary and that a
detective was here to get him.
When a Minneapolis detective o..
fered information concerning the
defendant Murray said to the Tribune
reporter: "Be careful you don't lay
your paper open to libel suit"
and said there was nothing to the
reports. -
Lawyers in Scrap :
Much of the time was taken up by
arguments between the two lawyers.
a States Attorney McCurdy, when the
case came on at 1880, after the plea
Of guilty had been entered, wanted
to put witnesses On 70 ascertain
the gravity of the offense. Murray
said the states attorney was misin-
terpreting the statute and that this
meant that if the justice believes
there was a more severe offense COM
mitted than assault and battery he
could question witnesses and bind
the defendant over to district court
on the more severe offense.
Murray said that when a, man
pleads guilty the court should i'm
pose the minimum sentence, and de-
clared in this case that Mr.. Hughes
was no better than anyone else and
that "all of US with any pep" must
expect to get beaten up. McCurdy
said that the offense was more
grave than assault and battery be-
cause it was coupled with an assault
on citizens character, and bitterly
arraigned "Long." !
There were sharp tilts between
McCurdy and Murray. |
Asked if the defendant were an
ex-convict, States Attorney McCur-
DIV said he did not know, but added
that the mans description tailed
with the description obtained from
the War Department of the man
wanted in Minneapolis. -.
Oscar Martinson, former sheriff
Of Hennepin county, who was SEN
fenced to Leavenworth penitentlary
in connection with liduor expose IN
and is now connected
with private agency, when Detect
i've Arnoldy Of the Minneapolis POI
ice Department, said he had not seen
''Long," spoke up and said that ne /
had seen the defendant and identl-
fled him. Martinson had been here
for several days. It is understood ne
was engaged in working on the case: I
The states attorney, however, SAID
he had not engaged him. ,Chlet OF
Police Martineson also said the city
had not engaged him;