The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-03-10
MUST
DECIDE WHO
TOLD TRUTH
Defendant and Charles Lyons
Each Claim Other Man Was
Driving Death Car
JURY MAY FIX PENALTY
One of Three Verdicts POssi-
bic. LIST or End Degree Man.
slaughter, Acquittal

Stanley, N. D., March 1O.--(P--
Faced with the prospect of being
sent to the North Dakota penitentiary
for u second time, If convicted Of the
charge of manslaughter on which he
has been tried, Emmett BYewington,
MinOt barber, this afternoon heard
Judge George H. Moellring Of Willis
ton deliver his charge to the jury.
and submit the case to the IL Noun
trail county men. who will decide
whether he is guilty or innocent.
Placed on trial on a charge Of hav-
ing been responsible for the death of
Mrs. Mildred Wilson of Mnot last
December l6. when she was struck
by an automobile in that city alleg-
ed to have been driven by him,
Brewington went to the stand in his
own defense and alleged that he was
not at the wheel of the machine, bu.
admitted that he was an occupant of
the tar.
The jury, in its deliberations, will
be called up on to decide whether
Brewington was telling the truth when
he said that he was not driving and
testified that Charles Lyons, of Min
neapolis and Minot. a co-defendant,
was ut the wheel. or whether Lyons
was speaking the truth when he said
that Brewington was the man who
was driving The death car" Lyons.
who also faces manslaughtcr charge
in connection with the death Of Mrs.
Wilson. testified that Brewington and
he were occupying the car. and as
serted that Brewington. and not HIM
self, was driving.
Defendant an Ex-C0nvict
Brewington who is an cx-convict Of
the North Dakota prison. if convict
ed Of manslaughter in the first de-
gree, with which he is charged, would
be subject to punishment by impris-
onment in the state penitentiary for
not less than five years and not ex-
ceeding Is years.
If convicted Of manslaughtcr in the
second degree, he would be subjecu
IN sentence Of imprisonmenttin in the
pcnitcntiary for not less than ono
year and not exceeding five years,
or by imprisonment in the county
Jail not exceeding ona year, or by
fine not exceeding $1,000, or by
both such fine and Imprisonment.
If the jurors agree upon verdict
Of manslaughter, they must determine
The punishment TO be inflicted with
in the limits prescribed by law, and
such punishment will later be form
ally imposed by the court.
Lyons. although co-defcndant Of
Brewington. was not tried at the
present time, the court several weeks
ago having granted separate trials
to the two men. Lyons, in the Brew
ington case. testified for the prosecu-
tion. Lyons is at liberty under bonds
of $1,000 and Brewington has been
held in Jail in default Of bonds of the
same amount.
Dismissal Motion OverruIed
Both the prosecution and the de-
fense rested today at 10:45 a. M, aft
er four witnesses had testified dur
ing the forenoon, three of whom were
called by the state while the other
was recalled to the stand by the de-
fense for further cross examination.
Assistant States Attorney B. A.
Dickinson of Minot gave the open
ing argument to the jury for the
state and was followed by Judge L. J.
Palda, Jr.. of Minot, chief counsel for
Brewington. States Attorney H. f.
Johnsc- of Ward county gave the
concluding argument for the state
and Judge Moellring's charge was
then delivered.
At the conclusion of testimony
Judge Palda renewed his motions for
dismissal Of the case, which were
overruled by the court.