Bismarck Weekly Tribune from Bismarck, North Dakota • Page 8

COME AND GET THEM. Patents for the Following tion Claims Awaiting Owners in Bismarck Land Office. The Jury in the Third Case Against William Kelly Pail to Agree and is Discharged. Produce Tour Receipts. The United States land office Wednesday received the following pre-emption ents, the first in nearly two years.

The claimants are requested to call at the land office and get their send in their final receipts with a receipt for the patent duly endorsed thereon. The patent not be delivered without the surrender of these receipts, or in case of their loss, an affidavit to that effect: George W. Newton, attorney at law, of nw and of sw sec 2, tp 140, 78: north of Menoken. Frederick C. Hollembaek, sec 26, tp 139.

78 near Menoken. A very valuable claim. John Truax, nw sec 146, 68: near Sykeston. Frederick C. Shot well, se sec 20, tp 146, 68 near Sykeston.

Horace A. Stickney, se sec 20, tp 141, 72 north of Dawson. Charles J. Greenough, sw sec 6, tp 139, 92 near Richardton. Mr.

G. has left the country. Edward A. Williams, sw sec 32, to 147, 69 near Sykeston. George T.

Davies, of se sec 6, tp 139, 77 north of Menoken. Seymour F. Stoughton, se sec 32, tp 140, 99: at Belfield. John O. Oie, se section 28, tp 139, 76 near Sterling.

John H. Xickell, ne sec 2, tp 140, 78 north of Menoken. Ben D. Austen, ne sec 26, tp 139. 80 northeast of Bismarck.

A valuable claim. George W. Foster, ne 34 sec 14,146, tp 69 near Sykeston. Angus ne sec 30, tp 139. 78 near Menoken.

One of the best claims in the country. John Hair, nw sec 24, tp 146, 69 near Sykeston. John R. Armstrong, se sec 2, tp 146, range 84 north of Washburn. Willis C.

Haford, sw sec 12, tp 139, 80 north of town. A fine farm. Almon C. Sanford, sw sec 6, tp 146, 69 near Sykeston. Plin H.

Woodward, sw sec 26, tp 147, 68 near Sykeston. Charles F. Paine, ne sec 14, tp 138, 79 east of town. An excellent place. Gustavus W.

Johnson, on sec 36, tp 142, 82 Painted Woods. Joshua J. LeTourneau, the one armed torney of Wells county, ne sec 9, tp 146, 69. Rice Wilber, se sec 2, tp 146, 69 near feyneston. Robert Peoples, now of Mandan.

sw sec 2, tp 139, 96 adjoining Dickinson. Jacob T. Lang Balle, se sec 34, tp 147, 83 north of Washburn. John H. Keiting.

sw sec 30, tp 147, 83 McLean county. James Axford, ne see 24, tp 147, 84 McLean county. Lawrence Casselman, ne sec 4, tD 147, 84 McLean county. Abraham L. Maple, ne sec 14.

tp 139, 96 near Dickinson. Lucian E. McRay, sw sec 20, tp 139, 79 northeast of town. William F. Houk, nw sec 139.

99 near Belfield. Brace M. Gallian, sw sec 22. tp 140, 97 north of Belfield. John C.

Staley, sw sec 28. tp 146, 83 McLean county. John Dernott, on sec 26, tp 137, 79southeast of Win. E. Lowe, ne 28, tp 146, 83 Lean county.

Israel H. Kushford, ne sec 28, tp 138, 78 south of Menoken. J. Morley Wyard, editor of the CarringNews, ne 34 sec 24, tp 146, 67. Frank Hanitcli, sec 24, tp 135, 76 near Williamsport.

Nettie M. Warren, se sec 4, tp 139, r67 Stutsman countv. George P. Leitrli, se sec 32, tp 138, 76 south 01 Sterling. Edward Malloy, on sec 24, tp 139, 80 northeast of town.

Simon Walsh, on sec 24, tp 139, 80: northeast of town. Stephen Mitchell, nw sec 32, tp 137, 80 south of Mandan. Belle Scott, sw 3i sec 34, tp 147, 84 Lean county. 1 Albert G. Steketee, sw 34 sec 24, tp 146.

84 at Coal Harbor. Mary I. B. Wixson, sec 26, tp 139, 80 northeast of town. Edmund H.

Beiyea. se sec 30, tp 147, 83 McLean county. Jerome Hicks, ne 34 sec 10, tp 139, 71 near Tappen. Ellsworth Francis, nw sec 8, tp 140, 81: north of town. William H.

Campbell, ne sec 12, tp 140. 82 north of Mandan. Robert J. Albert, ne sec 28. tp 139.

73 near Steele, James II. McDermott, nw 34 sec 26, tp 146, 67 near Carrington. Charles D. Smith, sw ii sec 26, tp 146, 67 near Carrington. Charles E.

Walton, ne sec 6, tp 146, 67 near Carrington. Walter R. Hathaway, ne sec 26, tp 146, 83 McLean county. Luther E. Pierce sw sec 8, tp 139.

79 northeast of town. Gottlieb W. Ilacek, nw sec 22, tp 139, 80 north of town. Charles E. A.

I'eny, sw sec 20, tp 139, 81 north of Mandan. Isaac Van Deusen, sw sec 10, tp 139, 71 near Tappan. John F. Wallace, sw sec 22. tp 140 80 at Burnt creek.

Charles E. Burke, sw 14, sec 30, tp 140, 95 near Dickinson. Walter S. Lipscomb, on sec 20, tp 146, 84 at Coal Harbor. Charles F.

Johnson, nw sec 24, tp 146, 67 near Carrington. Walter F. Moise, on sec 4, tp 146, 67 near Carrington. Frank Morgan, on sec 18, tp 139, 94 near Gladstone. Anna S.

Gregory, ne sec 14, tp 146, 67 near Carrington. Hubert Cahill, nw sec 34, tp 141, 79 north of town. Edward O'Brien, se sec 10, tp 140, 80 on Burnt creek. Charles Mosher, sw see 30, tp 147, 80 near Sykeston. Thos.

J. Hines, on sec 20, tp 139, 77 near Big Slough. Loran W. Sloan, on sec 34, tp 139, 79 east of town, Joseph H. Smith, sw sec 138, 77 near Sterling.

Wm. L.Dewey, nw sec 4, tp 139, 96 near Dickinson. Silas W. Loomis, sw sec 4, tp 139, 96 near Dickinson. Alfred E.

Schuster, on sec 28, tp 140 72: north of Dawson. Hiram F. Merrill, ne sec 4, tp 189, 96 near Dickinson. Chas. M.

Gilmore, nw sec 24, tp 139, 68 Stutsman county. Mary Utley, sw sec 22, tp 146, 68 near Carrington. The above is the first grist since the mous order of Commissioner Sparks pending all patents, April 3, 1885. It also Indicates that comparatively few frauds have been detected iu this land district, and that the general land office is doing our farmers justice. Court Proceedings.

Thursday's At the opening of the court yesterday morning at 10 o'clock the third jury in the cases against Wm. Kelly, which retired at about 5:15 o'clock last Monday, was dered brought into court. John Bowen, foreman, informed the court that they had not agreed upon a verdict. The court then addressed them, admonishing them of the duties of jurors, and the urgent desirability of returning a verdict. The court then asked for a vote of the jurors whether they desired to consult further, and seven voted in favor of so doing.

liff Wilcox conducted them again to their room and at 10:50 o'clock they were again brought in with no verdict to render, and were discharged from any further service at this term of court. The two indictments upon which the jury disagreed were then continued until the next term of court. Bailiffs Valentine Schreck. J. D.

Wakeman and Lewis Westhauser were also charged. COURT NOTES. It is expected the United States court will adjourn sine die to-day. The breach of promise case, Julia lund vs. John Ostlund, will be tried this afternoon at 2 o'clock, with a private jury.

Marshal Maratta will start with ers Edward Powers and Win. Kelly this afternoon for Sioux Falls, where their finement was ordered. Wednesday's When the marshal opened the court terday morning, the roll call of the petit jurors was responded to by three two others the others not excused were in the jury room. The United States attorney said the ner in which the recent juries had treated the cases submitted to them inasmuch as the evidence produced by the prosecution was not contradictory and had not been contradicted on the part of the defense in the cases against William Kelly, led him to exclaim in the famous words of Rome's greatest orator, gentium sumus." He moved the fourth indictment against the defendant Kelly should be continued until there should be a sentiment among the people of this district not to permit a common thief to go free. The court ordered Kelly brought in and his in presence ued the case until next term.

This ing at 10 a. m. was fixed upon for ing the sentence upon the verdict rendered in the first case. The court informed the defend int that if the juries, then out, ed in disagreeing, he would be arrested on the expiration of his term of sentence to be pronounced to-day and be tried on these indictments again. The jury in the second case, which has been out since Friday afternoon, was ordered brought into court and the court addressed thein for about fifteen minutes, urging them to agree upon some verdict that unless they did they were doing both the United States and the defendant a great injustice: but it was more injurious to the defendant than all else, because it would simplv require a repetition of all that had been'done in the case and prolong his probable confinement very much.

Bailiff Westhauser conducted them back to their quarters again. The court then excused all of the witnesses on the United States side of the court and the jurors not in the jury room from any ther attendance at this term. The sion of thanks to them was well deserved, as in the case of both, their promptness and fidelity has been entirely praiseworthy. At 2:15 the sad and weary looking jury that had been out over ninety hours was again ordered brought into court. The judge said: "Gentlemen of the jury, have you agreed upon a verdict Frank J.

Call, foreman: "We have not." Judge: "Is there any prospect of your doing so Foreman: "Never." With a few parting words savoring well of disapprobation at their course of action, the court discharged them from any ther court service. Robert McClellan. who has been retained in the jail because of his failure to secure bail bonds as a witness in the case against Masterson for robbing and maltreating the witness, was discharged in open court and the 820, taken from him by the policeman, returned to him. with his full pav for the time he was held, and J. II.

Reynolds, other witness in the same case, but out on bail, was exonerated. The court adjourned until 10 o'clock to-day. THE TERRITORIAL COURT. The case of Julia Ostlund vs. John lund had been set for yesterday, and the territorial court was opened for its trial.

M. J. Edgerlv said the plaintiff wished him to secure additional counsel to assist him, because of Mr. Stoyell's absence, a thing which he would not do. Miss Ostlund was present and said she wished another yer, which she would attempt to get if time was allowed, but she had no money.

Mr. Flannery for the prosecution said in order that the case might come to trial, as he thought it ought from necessity, he had fered to pay for an open venire to settle the matter, and that would, therefore, be no expense to the plaintiff. Mr. Edgerlv was counsel in the case because the tiff said to him she could secure no sel he had received 110 pay and expected none, but wished to abandon the case if she preferred someone else to conduct it. The court adjourned until 2 p.

at which time a decision as to the course of the case was to be reached, and the jurors moned were instructed to appear. At 2 o'clock, no other counsel having been secured, Mr. Edgerly asked that the case be postponed until Thursday, September 23d, at 2 o'clock, in order that one of his witnesses that had been telegraphed for might arrive. With the express standing that there should be no further postponements, the court granted the tion and ordered the same jury to be ent at that time. Wm.

Kelly Receives His Sentence. After the discharge of the third jury, Judge Francis pronounced sentence upon the much prosecuted William Kelly, victed of the larceny, in conjunction with James M. Harrison, of two ponies from Thomas Emmons. The prisoner arose and to the query of the judge whether he had anything to say before sentence was nounced, said: don't know anything about it." The court then imposed the following "To be confined at hard labor in the United States wine of the tiary at Sioux Falls for a term of one year, said term to begin at noon September 22d, and further to pay a fine of $250 and the costs of prosecution, and stand committed until such fine be paid." The court sured the prisoner that the other three dictments would be continued from term to term until the expiration of this onment, when he would be promptly tried upon them. A New Attorney iu This District.

F. V. Barnes moved the court yesterday that Nelson F. Boucher be admitted to practice in this district. Proper certificates and affidavits being furnished, the motion was allowed and the oath administered.

Mr. Boucher will open an office in Washbum, McLean county. He was formerly from Hudson. N. where he was ted to practice in 1877.

To eradicate the poisons which produce fever and ague, take Ayer's Ague Cure. It cures without leaving any injurious effect upon the system, and is the only medicine in existence which may be considered an absolute antidote for malaria. 8 BISMARCK WEEKLY TRIBUNE: FRIDAY, SEPT. 24 1886 OSTLUND IN COURT. Julia Ostlnnd Brings the Slippery John Before the Bar of ice On a Charge of Breach of Recital of the Facts Which Brought About the Trial.

Territorial Court. Promptly at 2 o'clock yesterday the case of Julia Ostlund vs. John Ostlund was called, and at once the names of the jurors returned upon special venire were called and the jury empaneled: John P. Hoagland, Joseph Deitrich, Joseph Little, James H. Marshall, Charles Kupitz, John A.

ker, Elmer C. Chase, James C. Bushby, Solomon John Yegen, and W. A. Dillon summoned as men.

W. B. Watson and John Whalen were peremptorily challenged by the plaintiff's attorney, M. J. Edgerly, and liam H.

Stimpson and Edward Holland by the defendant's counsel, Messrs. G. P. Flannery and David Stewart. The court then complimented the counsel upon the fine set of gentlemen who made up the jury for this case.

This is a case iu which action was brought in November, 1883, the plaintiff claiming $8,000 damages. After the oath was administered to the jury, Mr. Edgerly opened the case by ing the pleadings. The story of the case from the plaintiff's standpoint is mainly as follows: Miss Ostlund is a native of Sweden, and an own cousin to John lund, the defendant. She was there a teacher, and held a good lucrative position.

By correspondence, she was induced to come to this country to visit relatives, and to Bismarck with the pretense on the part of the defendant to marry her, as he sented, the laws of this country allowed she first came to Hillsborough, Traill county, leaving Sweden, May 22,1882. The defendant wrote her to come to Bismarck, and forwarded her $60 to pay her way, where she arrived on August 25th of the same year. He met her at the depot and took her to the Pacific hotel, making an excuse for not having built the house which he had intended, because of ness. The second week here they agreed to be married right awav, he making her presents, protesting against her working and telling her that he had willed all of his property to her and that it would be enough to always care for her. He ised lier an engagement ring, but said he couldn't buy one good enough in Bismarck.

She asked him to introduce her into ety, but he told her it was such here that he did not wish her to mingle with it. He kept putting off the time of marriage until he could get his house built. After a time he explained to her that the laws of kota wouldn't permit cousins to marry, but he would take her to Minnesota, where the ceremonySjwould be legal. After many delays, they started about the 1st of November for Red Wing, where they were to be married, lie there registered them as man and wife, but failed to secure a clergyman to perform the marriage ceremony, and in three days they returned. Her absence in this try and the sickness brought upon her by so great a betrayal and disappointment have made it impossible for her to regain her position in Sweden or to gain a hood here.

The answer to the charges on the part of the defendant deny all save the relationship. A great part ot the noon was taken uu in the discussion by the counsel of the legality of a contract so tered into under the Dakota laws and dred points. Cases were cited, and much reference to works of law made. The court held that inasmuch as a marriage gal in Minnesota was considered legal here, a contract to marriage in Minnesota was also legal here. The plaintiff was callad as a witness, and'an effort made to secure an interpreter, as she could neither speak nor understand English well.

The first one sworn could not translate, "do you solemnly swear," into Swede and was discharged. A. D. Hegelson was then summoned and formed the duty acceptably. Many tions to questions were raised by the sel for the defendant were overruled by the court and exceptions were taken.

There were ten noble ladies in court ing the proceedings, who came there at the instance of Miss Ostlund begging and pleading with them to be present. I11 any case not personal, is embarrassing to a lady to go upon the witness stand in court, but in a case where personalities enter so generally, and, beside, the plaintiff a eigner, ignorant of our mode of legal proceedings, the kind hearts of ladies to come forward and encourage in the doing of justice under such embarrassing circumstances cannot be too highly commended. Nor is it far from insulting to such ladies of high standing, under such circumstances, for counsel to interpose immodest comments entirely unnecessary, as the testimony is being given. The testimony of Miss Ostland will be continued this morning at 9:30 o'clock. Going Up River.

The Helena and General Tompkins will leave early this morning on a northern trip. Their cargoes consist of dise of nearly every variety, but very largely flour. The following will be among the passengers of the Helena: Major Gifford, of Fort Bertliold agency: Mr. Gleason and J. D.

Fiscus, of rt Peck agency, and Colonel Pearson, United States Indian spector. Off to Sioux Falls. United States Marshal Dan Maratta and his private secretary, James D. Young, left on last evening's train to conduct the prisoners Edward Powers and William Kelly to the U. S.

government wing of the Sioux Falls former to be confined ten years, the latter one year. Mr. Maratta will proceed at once after their lodgment to Deadwood to attend the sion of the supreme court, to be opened there October 4th, the full bench being present. The Way They Do It. An an illustration of how much business can be done in a short time, the ings in the case of Nelson P.

Boucher, of Washburne, McLean county, are of est. He came to this city Wednesday, cured his affidavit to become a notary lic. was admitted to practice by the court, secured his bond, had it approved by the clerk, his commission issued by the tive department, commission recorded by the clerk, and jurat filed, and returned home on the same day. Not to be Missed. There will be a rush to the G.

A. R. efit to-night, as every one wants to see the soldier fun by the veto mers," the general camp sport, the military the beautiful young ladies' flag dril island hear the best chorus (200) Bismarck has had. Court Proceedings, The United States court held its regular session yesterday morning, at which United States Attorney Garland presented and was allowed his bill of $285 for vices during the September term of court Austin N. McGind ley, United States missioner for services in the several cases of James M.

Harrison and Wm. Kelly, dividually and conjointly from June 14th to 21st, $42.85 United States Marshal ratta, aggregate, $8,775.35. The court then adjourned until 10 a. m. to-morrow.

Brought XI1111 Back. Deputy Sheriff L. N. Griffin brought to the city yesterday William Hirst, a former workman in Barry's photograph gallery, who recently went away with some graph lenses and Indian pictures etc.belonging to the studio. He was arresied in Jamestown and lodged in jail here, and will be brought beiore Justice Hare for trial to-day at 10 a.

m. Another New Comer. The erect carriage, the proud step and the hearty laugh of Hon. E. A.

Williams has been unusually noticeable for the past two days. Mr. and Mrs, Williams receive the congratulations of their many friends upon the advent of a bouncing babv girl, born Tuesday night. PERSONAL. Mrs.

H. F. Douglass is visiting Mrs. Dr. Porter.

F. S. Cor win, ol the Steele Ozone, was in the city yesterday. Mrs. G.

P. Flannery returned to the city yesterday on he upon C. F. Clark, of Fergus Falls, was tered at the SheridTm house yesterday. II.

D. Dodge, of Boston, was one of the arrivals on yesterday's west bound train. George J. Reed, of Columbia, was a guest at the Sheridan house last evening. Wm.

Mannitch, F. Roberts and Wm. H. Mann, of Hancock, were in the city day. C.

II. Bumstead, of Winchester, was in the city Wednesday on business at the land office. Miss Delia Ilalloran left last evening for her home in Minneapolis, to remain eral weeks. Alderman Beal left for a short business trip to St. Paul aud Minneapolis 011 last evening's train.

E. II. Bly, proprietor of the Sheridan house, returned yesterday from a few day's visit to Aberdeen. Miss Delia Farmer left last evening for her home in Wisconsin, where she will main for a few months. Major and Mrs.

James M. McLaughlin started 011 their return to Standing iiock 011 yesterday's Pacific express. J. D. Fiscus, of Erie, accompanies Indian Agent Gleason to Fort Peck, where he will be one of his assistants.

It. II. Reek, of Minneapolis, and C. E. Prince, of St.

Paul, were passengers to the city yesterday 011 the Pacific express. Thomas Parks, register of deeds and clerk of Emmons county, arrived in the city Wednesday and will return to-day. Abe Goodkind left for his monthly two week's business trip yesterday to the west. They have extended their route to ston. Mrs.

Michael Ilalloran and children turned yesterday from New Jersey, where she has been visiting her parents for the last few weeks. Mrs. Mary Young, who has been visiting her daughter, Mrs. D. F.

Barry, of this city, the past month, left for her home in Quincy, 111., last evening. W. P. Martin, of Ohio, who reports forty bushels of wheat per acre upon his Red River valley farm, is in town visiting his friend Harvey Harris. Special Agent Easterly, whose trip to Fargo last week caused so much mournful coinmeut among Dakota newspapers, turned to the city yesterday.

11. F. Douglass, post trader at Fort Yates, and his daughter, Miss Birdie, arrived by stage Wednesday evening aiul took day's Atlantic express for Winona. where Miss Birdie is to attend a term of school. Secretary McCorinack is credited in the real estate transfers of last week, as lished by the Grand Forks Plaindealer, with buying lots aggregating $5,421.

The secretary owned the original townsite of Grand Forks. T. England, of Sioux Falls, agent of the Fire insurance company of Dakota, rived from a short trip to Dickinson Wednesday, bringing with him a fine ple of petrefaction in the shape of a stump, which he will carry to his home. S. L.

Gibson, of Erie, arrived in the city Tuesday en route to Fort Peck, of which he has recently been appointed dian agent by the president. He is an old acquaintance of Receiver Hutchinson. He will take passage on the Helena this ing. E. A.

Henderson, who was with the TRIBUNE when it was first issued as a daily and who is well known throughout Dakota, has taken the position of ant city editor of the St. Paul department of the Pioneer Press. It is a good man in a good position. At the banquet held by the Society of the Army of the Tennessee, in Chicago, last week, Governor Pierce was one of the seven speakers, responding to the toast, in one of his istic speeches, highly spoken of by the Chicago papers. Over 200 were present at the reunion, which was in the highest gree successful.

BRIEF MENTION. The steamer Benton is expected to be at the landing to-morrow from up river. The only regular prisoners now tained in the county jail are Woods, nolds and Ostlund. The beautiful mounted elk head has been returned from the Minnesota state fair to its position in the Sheridan house office. The Helena left at davlight Wednesday and the Gen.

Tompkins at about 5:30 that evening. The passengers went on board the latter. John G. Allen, one of the old timers, made final proof in the land office day on the northeast one-quarter of section 12, township 139, range 80. The homestead entry of Nolan Katz, north of Painted Woods, has been held for cancellation upon report of the special agent, because he is cutting and selling the timber and evidently is holding it merely for speculative purposes.

The homestead entry of Michael Barry, of Mandan, the north one-half of the east one-quarter of section 26, township 189, range 82, has been successfully tested and the decision of the land office here affirmed by the general land office. There was another meeting of the Simon pure democrats last Wednesday and much consultation during the day. It is mored that they have decided to recall itor Emmons, formerly of the Blade, and run a campaign paper and scoop the tire batch of county offices at the coming election. T1'oma8 Emmons, Bull Head and Soldier, the three Fort Berthold Indian witnesses in the Kelly trial who pleaded so strongly ONLY IN with the judge to let them go home to work, left for home overland Tuesday afternoon. It is to be hoped that Major Gifford will let them work now to their hearts' content.

The case of Woods, whose sentence to be hung was extended to October 29th, will be argued before the full bench of the preme court, at Deadwood, at the coining erm beginning October 4th. The Rev. Geo. II. Thayer, of Bourbon, says: Both myself and wife owe our lives to Shiloh's Consumption Cure.

For sale by II. Brandt, Druggist. Are you made miserable by Indigestion, Constipation, Dizziness, Loss of Appetite, Yellow Skin? Shiloh's Vitftlizer is a positive cure. For sale by H. Brandt, druggist.

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Brandt, druggist. At Montrose, a 1110b broke into the jail and carried off and hung a murderer. Pcrions danger ovrr.v mini, woman or child living i.i a ri i.jn of country where fever and ague is since the germs nf malari.il disease iiakl from (he air ami are swallowed lit) wate of such a region. Medicinal safeguard ij absolutely necessary to nullify dani'cr. As a means of fortifying and iv tj.e system so ns to be able to 1 malarial llostttter's ach Ijitti-rs is incomparably the best and the popular.

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