| Show the cook trial the c case ase of wm win cook charged with committing battery on the person of 0 C lee both of hyde park came up for trial yesterday vest erday be before fore justice N W tho thomas as A jury was consist consi st of H I 1 J carlisle E W smith aaron jorgensen and john blanchard attorn attorney ey prosecute prosecuted d while attorney stewart defended 0 C lee was the first witness an and testified that the defendant was i in n his employ on the ath of april apri last on his farm in benson ward and on that day dav drove down to the farm and found defendant feadin feeding horses borses by throwing hay bay over the fence into the mud 1 told defendant to take the hay over to the snow and feed it so that it would not be tramped in the mud aud and wasted whereupon defendent defendant became enraged and struck witness with a pitchfork pitch fork knocked knocking P him down and severely verely ee wound wounding log his head bead showed the sear scar and produced his hat worn at the time and showed the cut made by i tho the blow said he had never struck defendant nor liar even threatened him I 1 attorney if it please your honor vv ne e will introduce this hat bat in evidence subject to withdrawal attorney stewart we object if the hat io introduced it cannot be withdrawn I 1 N hebeker Xe b beker e ker smiling I 1 mean your ifo subject to withdrawal after the trial so eo that witness ma maa wear it home stewart St swart we withdraw our objection jec tion mr hancey of hyde park was called and teti testified fied to dressing a wound on mr lees head on the date in question defendant cook then took the stand arld and said faid in sub that when mr lee came down to the farm on the sill of april lie he was very abusive and that he called defendant a liar and other vile name and that lie he came caine after the i defendant with his hand out to strike him defendant retreated telling mr lee to stand back bui but that he be came on and at len length th cau caught bt defend defendants anti left arm when the defendant in defense wrenched hia arm loose and struck the witness with his hia fist knock knocking iDo him against the hind wheel of his buggy denied striking him with a fork fork did not wish to have trouble with him and so retreated from him A number of witnesses were called to testify regarding his bis reputation for peace and quiet and then a recess was taken until p m when the court was ready to convene it was found juror jurer carlisle was not in ia the court room justice thomas fugl g belted pelted with humor that thai perhaps mr carlisle was giving comet Bome toly 0 ay an all extra scrape and added he may get himself in a scrape if he hurry just then the miss ing juror entered and john thurston ton was called to testify in reg regard ird t to 0 the reputation of the prosecuting witness lie ile testified that his iii reputation was good aud and was waa subjected to a severe cross examina tion by mr stewart A mr wen Bed Geld an old gentlemen white with the snows of 75 years I 1 aj aej that mr illy lee s reputation was good and ho he likewise was treated ti III a cross is examination that abat was iras rather rough she g and the old gentleman found it rather hard bard at times to retain his arntal equilibrium in the youree course of ins his re I 1 marks it was wag developed by the croas shots fired by both the prosecution cuti on and the defence that the defendent cook had upon one oc cassion threatened to kick the old gent lemann lemans pants panta even while witness nc ness mb was inba inhabiting biting them the evidence all being in the argument to the jury commenced and the case given to tile tha jury at p ni and after being out an hour thuy brought in a verdict of guilty as charged A new trial was asked for and the case was set for hearing at 2 |
