The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-01-30
JURY TERM IS
ENDED; MUCH
WORK is DONE.
Jurors in the District Court
Are Sent to Their Homes
After Conclusion
LAST Nj n G. u IL L Y
Jury Finds Elias EllefOOd
Guilty - Bennett Case
Dismissed

district court -:f Burleigh county
was dismissed last might by Judge
james A. Cotrey of Jane stown, who
presided, after having grinded away
steadily for several weeks and dis
posed of large number of cases on
the calendar Judge CoiFcy thanked
the jurors for their strict attention
to duty, which resulted in the COM
pletion of great deal Of business.
The last jury case was that Of the
state against Elias Ellcflood, farm-
or living south of Driscoll, who was
charged with having in his posses
sion apparatus for the manufacture
Of liquor. State officers testified
they found apparatus at various
places, some Of it apparently hidden
away from possible search. Ellcflood
maintained that some man left the
apparatus there.
The jury found him guilty and he
anrc"red before Judge Thomas i'ugh
of Dickinson, who had been called in
the case because Of an affidavit Of
prejudice, for sentence. The sem
tence was six months in Jail, Il fine
81 500 and costs, with the stipula-
ton by the judge that if at the end
Of GO days the fine and costs are
paid the court will hear an appllca
ton for suspension Of the remainder
of the sentence.
Must Be Enforced
This prohibition law must be en-
hoI h.,
do it," said Judge Pugh He said
he believed the verdict of the jury
was correct.
{. l.. Crum. attorney for Elleflocd,
made IA plea for clemency. He called
attention to the fact that the legu-
lar panel was exhausted and several
other jurors called in and that, per
emptory challenges being exhausted,
the defendant was required to accept
as juror Il man who not only said
he belonged to societies for the en-
forcement Of the prohibition law but
contributed to them and to anti
cigarette societies, and that possibly
the juror was pre- udiced. He also
said Elleflood had been Il farmer for
20 years and had helped build up
the country. 1t was the first time
he had been convicted on such q
charge. He said he believed sus-
pended sentence was an effective
agency in preventing violations OF
the law.
well satisfied the jury was very fair
Everyone, every taxpayer, contri
butes to the enforcement of the
law" said Judge Pugh. This juror
may have contributed little more
than others hut his obligation wa;
to enforce the law. The jurors die
nothing more than their duty. Iol
had an opportunity to present youl
defense. Notwithstanding your stor,
the jury found you guilty, ther eb!
disbelicving your story d! think the
judgment was correct. The prCilbi
tion law must be enforced and | be
lieve the courts are going to enforce
it,"
Case Dismissed
The only other case on the calen
dar had been dismissed late yestcr
day afternoon on motion of Scot
Cameron, attorney for the defense
II was against Jack and Annie Ben
nett of Bismarck. The cases wcr,
brought jointly but separation dc
manded b. defendants. The cour
dismissed them for want of prosecu
ton, he stated, under the statut,
which provides that if case soc:
over term without trial it must b,
dismissed on motion of defendant
The offcnsc was based on the allegct
seizure of quantity of liquor in tn,
Bennett home on or prior to Januar.
ID, 1922. Mrs. Bennett was tried i,
July, 1923, the jury disagrceing. II,
was not tried.
Judge Cotfey will remain here dur
ing the week to dispose of various
motions and other court procedure
Judge Cofiey granted judgmen
Notwithstanding the verdict to tn
city of Bismarck in the case brough
by F. O. Hellstrom to recover $500 at
torneys' fees alleged incurred by tn
city commission in a public ut,it,
case in which he appeared. jur.
gave him $l00. The court held tna
the city commission could not incu
liability except on yea and ra
vote, citing a supreme court decision
GRANTS REQUISITION
Requisition for the return o