The Bismarck tribune., 1931-12-07
D|CKEY GROUP HAS
FILED TWO APPEALS
John EIIingson and Three Bos-
sart Brothers Claim
Errors in Trial

Two appeals were filed In the state
supreme court Monday by David, Fred
and Henry Bossart, brothers, and their
brother-in-law, John Ellingson, con-
victed Of criminal charges in Barnes
county district court last June.
Fred and Henry Bossart and John
Ellingson were found guilty of grand
larceny and each sentenced to two
and a half years in the state peni-
tentiary, while Ellingson and David
Bossart were sentenced to serve 10
months additional following convic-
ton on a charge of engaging In the
liquor traffic.
New trials are asked in both appeals
The men were tried in Barnes county
district court on a change of venue
from Dickey county, where the CT
fenses are alleged to have been COM
mitted
The grand larceny charges grew out
Of the robbery of a store at Merri-
court. Roy Mikkelson, Twin City box
er, who was taken into custody by the
sheriff of Dickey county in connection
with the robbery was shot to death in
a scuffle with Sheriff B. w. Crandall.
Sheriff Won Action
An action against the sheriff,
brought on the ground that the shoot
ing of her son was unjustified, re-
Gently was tried in Dickey county and
a verdict returned for the sheriff. The
sheriff claimed MikkelSOn sought to
escape.
On motion of States Attorney G. A.
Whipple of Diclsey county, the grand
larceny and liquor violation trials
were transferred to Barnes county and
tried before Judge P. G. Swenson.
The Merricourt robbery occurred
Jan. II, 1881, when groceries and
wearing apparel were stolen from the
store. Evidence was introduced that
Henry and Fred Bossart were seen
about block from the store the night
of the robbery. Sheriff Crandall tes-
titled that the next day he noticed
two sets of tracks and identified them
as those of Fred Bossart and Roy
Mikkelson. The following day Fred
and Henry Bossart, Mi,kkelson and Ell
lingson were taken into custody.
The sheriff and states attorney
took the two Bossarts and Mikkelson
back to Merricourt, from where the
states attorney continued with the
Bossarts to Glendale, the county seat.
The sheriff, with Mikkelson in his
custody, started back to arrest Elling-
son.. On this trip, he overlook Ell
lingson and David Bossart, who were
driving in car. The sheriff alleged
he found a keg and jug of whiskey,
together with a basket of groceries
and other articles, in the mems car.
Ordered TO Merricourt
Ellingson and David Bossart were
ordered by the sheriff to drive to Mer-
ricourt, while the sheriff followed in
his car with Mikkelson. The argu-
ment that led to Mikkelson's death
occurred while Crandall was return
ing him to Merricourt. !.
Charges Of engaging in the liquor
traffic were filed against Ellingson
and David Bossart as a result OF the
alleged discovery of liquor in their
automobile.
Counsel for the men convicted of
grand larceny allege in their brief
filed with the supreme court that the
prosecution failed to prove that the
groceries and clothing found In the
possession of John Ellingson were TAX
en- from the store.
mo goods were found in the pos
session OF Fred Bossart nor was ne
connected with the claimed robbery
in any way" the brief states. mo
proof was offered that Henry Bossart
had any part in the robbery OF the
store. No claim or proof was made
by the state that John Ellingson had
any part in the robbery. The only
connection with John Ellingson was
that he was found in possession OF
goods which were offered and re-
ceived in evidence by the court"