The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-11-02
MYSTERY MAN
IS RELEASED
ON $1,000 BAIL
Cash Bond Is Put Up BY His
Attorney, ]. X. Murray,
In Police Court
NUMEROUS ACTIONS

~ ~ NA1XSOOO Az x1JANN
Numerous developments followed
in the "man of mystery" assault case
here following the arrival of ]. X
Murray Of Mott, late yesterday to de-
fend Harry Long, charged with as
sault and battery on f. A. Hughes
At noon today, following numcrou:
court actions, Long was released
from Jail on $1,000 cash bail.
After his arrival late yesterday
Murray prepared an affidavit Of
prejudice, asking change of judges
His affidavit said:
~. X. Murray, being first duly
sworn deposes and says that he is
the attorney for the above named de.
fendant in the above entitled &C
ton, and makes this affidavit in de.
fendant's behalf; that said action is
criminal action wherein the de
fendant is charged with the crime
of assault and battery alleged to have
been committed against the persor
of one Edmund A. Hughes; that thi:
affiant and the defendant have rea
son to believe and do believe thai
a fair and impartial trial of the above
action cannot be had before W. c
eastman, the justice about to try thu
same by reason of the bias ant
prejudice Of said justice. fl
"Whcrefore, defendant prays tina
the action be transferred forthwith
to the nearest justice within tn
County of Burleigh and that an or
der be made transferring the SAM
accordingly"
Matter Presented. "a a.
The matter was presented to J1dg
eastman about o'clock last even
ing. Murray said the affidavit wa
granted and then counter-manded
Judge eastman said that aft \ itwa
filed he sought legal advice and wa
told that he should act forthwith ant
then received other advice to the ef
feet that this was not necessary
Murray also asked for reduction il
bail to $3.50, saying that the bail il
such case should not exceed tn
maximum penalty, which is 30 day
in Jail or $10O fine or both. Lat
last night Murray appealed to Judg'
Nuessle to reduce and direct fixing O.
bond for Long. Among his grounds
he said, was that it was represented
to him that there was talk of mol
violence. Judge Nuessle did not act
Murray then sought to put up 81 ,O0'
cash bail with Judge eastman bu
was unable to find him, he said. Thi
morning, at 10 o'clock, the matte
of bail came up before Police Magis
trate eastman, sitting in polic'
court. He declined to reduce tn
bail, saying that continuance hat
been agreed until Monday and tina
he would not reopen Che else excep
as to bail. Murray then offered 81,
UUU CdoH DdiI.
Police Magistrate eastman, stating
he desired legal advice as to wheth
or cash bail was acceptable and the
states attorney being absent, called
E. B. Cox, attorney for Mr.. Hughes
Mr.. Cox read the statutes, stating
that he did not wish to offer advice
in the matter but if called upon o,
the police magistrate would do so
He said that the police magistrate
could admit the prisoner to bail anc
that it was discretionary, in his op,n'
ion. Mr.. Murray suggested asking
Judge Nuessle or the attorney gen
eral in the matter, holding it was
mandatory. Police Magistrate Cash
man called up Judge Nuessle, and re-
ported he was advised it was lega
to admit Long on cash bail. He then
did so. Mr.. Murray presented bank
certificates of deposit for the cash
bail.
Meantime Long had called in 4
barber and was shaved before he was
released, shortly before noon. H.
left the police station with his at
torney.
X-Ray Is Taken.
Mr.. Murray said that he wanted an
immediate trial in the case, and as
serted that he would have witnesses
present, but declined to indicate just
what defense would be offered fol-
Longs action. Long had stated ne
had witnesses to testify as to what
he said to Mr.. Hughes before ne
struck him. The case is set for Mon
day at 10 a. m.
Mr.. Hughes, it was said, was sit
ting up in the hospital today. An
X-ray was made O. his cheek and II
was disclosed that no bone was bro
ken, it was added.
Friends of Mr.. Hughes asserted
that Long did not give his real name
and that he lives in Minneapolis or
St. Paul and were tracing his record
Long declared he was willing that II
be traced.
Statements on Case.
Mr.. Hughes, in the hospital, said
that Long came up to him. asked him
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