The Kimball graphic., July 25, 1884, Image 1

About The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905

Image provided by: South Dakota State Historical Society – State Archives

                
FC V/ ','v ?i?
VOLUME III.
THE KIMBALL GRAPHIC.
Entered at the Poat-offico at Kimball, Dakota,
as second-daea matter.
TERMS: $3 PER YEAR, IN ADVANCE.
*3L Advertising.—Terma of advertising mada
known on application.
J*5~Advertising
not accompanied by instruc­
tions will be inserted until ordered out and
charged, for accordingly.
^"Regular advertisements payable at tho
end of each month. Transient advertisomeuts
must be paid for in advance.
97A11 communications intended for the
next issue must be in the hands of the printer
as early as Thursday morning to insure publi
cation.
tauJob|work of every description executed
in the best stylo on short notice and at ra&sou
ablo rates.
®*8hort communications on any subject of
interest are acceptablo if accompanied by tho
name of tho author.
Time Table C. M. & St. R. B.
Passenger going woBt 5:45 P. M.
,r
oast 11 :"0 A. M.
Way Fr't going west 12:30 P. M.
oast 4:25 P. 11.
COUNTY OFFICERS.
J. K. Lowo.
I H. Pilger.
COMMISSIONEES. Ii. S. Taylor.
I C. JL Austin.
(. C. M. Grogorv.
COUNTS CLEMS D. W. Spalding.
COUNTY JUDGE J. B. Long.
TBEASUIIER R. J. Andrews.
SHERIFF. E. P. Oelisnor.
DEPUTY SHERIFF
I
C. Barnes.
SUN. OK SCHOOLS E. L. Drcwrv.
SuitvEYon S. H. Whitlock.
ASSESSOK George Bairv.
CoitDNEB A. M. French.
G. Auderson.
ROAD SUPEVIS'S C. \V. McKinloy.
Ii.
Richards.
C. C. Morrow.
JUSTICES 1 J. & Wliita.
W. A. Pui tor.
TOWNSHIP OFFICERS.
JUSTICES.
I H. S. Dunlap.
A. II. Stuart
CLERK..... C. J. Maynard.
J. B. ltyan.
CONSTABLES.
Justico.
Trustees
C. W. Cameron.
TREAS J. W. Orcntt.
ASSESSOR J. M. Bourcy.
H. It. Nugon.
Supaivisona. L. Richards.
E. C. Austin.
MUNICIPAL OFFICERS.
Dermis Ryan.
E. P. Oclwnor.
Jos. LuBrusli.
A. H. Stuart,
A. II. Ltitclien,
I. Louis Ricliards
Clerk. H. S. Dunlap.
Assessor I. A. Weeks.
Treasurer J. \V. Orrutt.
Marshal H. S. Wright
BUSINESS DIRECTORY.
P. M. GOODVKOONTZ,
ATTOI'.XKY AT LAW, Chaniborlain, Dakota.
S. W. DUXCAX,
PHYSICIAN and Surgeon, office at residence,
Chamberlain.
MONEY TO LOAN
On Eeal Estate and Chattels,
MARK WARD,
Kimball, D. T.
.JACOB HAMMEL,
Carpenter, Contractor and Btiildor. Work
done at reasonable prices on short notice.
Kimball, D. T.
FRANK BATON,
Plasterer, Brick, Stone Mason
Kimball, 1). T.
DENNIS RYAN,
Attorney at Law. Practice in all courts. Cri
minal law a specialty. Will buy aud sell Claims
on Commission and attend to contests before
U. 8. Laud Oftice. Kimball, Dakota.
I. C. HOIXINGER, M. DM
PHYSICIAN AND SURGEON
KIMBALL, DAK.
Dr. Holliuger is a graduate of the College of
Physicians aud Surgoons, Baltimore, aud
aftarwards practiced in the City
Hospital, Baltimore.
Calls promptly attended day and niglit Office
in Warner & Lawton'a Block.
ARCH H. STUART,
Attorney at Law, Bountioa & Pensions collected.
Real estato and Locating Agent Money loaned.
Final proof and Contest cases a specialty. Office
next door to Kimball House, Kimball, D. T.
JOHN C. FERRIS,
Nursery man and doalor in forost tree aeed-
lings.
Kimball, Dakota.
C. C. AKIN,
Attorney at law, real-estate and loan broker.
KIMBALL DAKOTA.
H. S. DUNL.AP,
Atty. at Law. Notary Public.
Land, Loan and Insurance Agent
GTMNAT.T. BRULE Co.. DAKOTA.
J. E. CONE, M. D.,
PHYSICIAN and Surgeon, Reference: Medical
Department Iowa State University.
CALLS PROMPTLY ATTENDED TO AT ALL HOUBS.
AX OB NIGHT. CILAROES REABOXAJJLK.
Kimball, Dakota.
W. H. CuRTiaa JOHN 8. WHITE,
Notary Public.
CURTIS & WHITE,
Attorneys and Land Brokers. W1U buy and
bull all kinds of claims and attend to all busi
ness before the Land Offioc-
KIMBALL, DAKOTA.
DR. D. S. BYEltS,
HOMEOPATH.
Offico in'J. W. Horring'B Drug Store. Main St.
KIMBALL DAKOTA.
W
r.
t£.n»to)g-'
The best located
town in Southern
Dakota, being situ
ated near the cen
ter of Brule County,
in the midst of the
best farming and
stock country in
the world. The
proof of which has
been fully demon
strated in the mag
nificent crops of the
past few years.
KIMBALL
Is located on the Main Line oi
the Chicago, Milwaukee & St.
Paul Railroad, 4-8 miles west oi
Mitchell and 22 miles east ol
Chamberlain. It has a line pub
lic school building, good church
es, a first-class postollice, two
banks, two jrood hotels, one
large grain elevator and mate
rial on the ground for another
tin
•ee lumber yards, all tarrying
immense stocks several black
smith shops, good livery stables,
and stores representing all
branches of trade. Still the
country demands more and to
live men great inducements are
offered to invest in this
Beautiful Town
The Brule County Agricul
tural Fair Grounds adjoin the
townsite and is one of the best
fair grounds in the Territory,
with a good lialf-mile track.
THE TOWN IS BOOMING
And now is the time to invest.
D. WARNER,
Proprietor of the original town
site, has platted and laid out
three additions, all adjoining,
with a continuation ot: streets
aud alleys. Tart ot which are
in acre lots, so as to enable all
classes to be suited in procuring
a residence lot. The most de
sirable blocks on Main Street
are still for sale to those who
desire to engage in business, and
great inducements are offered
to that class of men.
The climate in this part of
Dakota is everything to be
desired and is fully as mild
as that of OJiio, Indiana and Il
linois, with, perhaps, a less num
ber of cloudy days. The rain
fall is abundant and always
comes when most needed. The
water is free from any alkali
taste and as pure as any found
in any of the Eastern States. In
short, the country, climate and,
social advantages make this one
of the best it not the very .besti
county in Dakota for the emi
grant*
For further particulars, call
oil or address
D. WARNER,
KIMBALL, DAKOTA,
rruiie comm.
i.v ,,
f^-t V, I
*"Ifiw ifflfor
0
8
3
S®§
LIME,
AND
AT
Lowest Prices
AT
J. A. SMITH'S,
KIMBALL, DAKOTA.
Harness,
COLLARS,
SADDLES,
WHIPS
P#1
I
lw
WM!"-
-ajh
BEE
AND ROBES,
A full and complete stock of everything usu
ally kept in a firsVclass shop. Pnccs always
the lowest
HARDY & COOK,
KIMBALL, D. T.
HENRY & ORCOTT,
Bankers
KIMBALL, D. T.
0. H. HENRY,
President
BUendale.
I.W. ORCOTT,
Cashier.
Money loaned on Land and Chattel Hort
Kages. Highest market price paid for Comity
Warrants and school orders. Interest paid on
time deposits. Exchange bought and sold.
A. GENERAL. BANKING BUS
INESS TRANSACTED.
SHORT
LINE.
Tho us«oftbe term
''Short Liao" in con
nection with tho cor
porate name of a
great road, conveys
an idea of jn»t what
is required by the
trarGUsj publis a
Short Line, Quick Time and the best of accom
modations—all of which are furnished by the
greatest railway ia America,
CHICAGO.
ivriLWAr^Ea
SI:
,.. #{& .» iv Vtv w5 ,$*»* *v* #ns4s»$»j»-SrX.
PAUL.
It owns and operates orer 4,600 milei of read
In Northern Illinois, .Wisconsin, Minnesota.
Iowa and Dakota and its main lines, branehes
and connections reach all the great business
centres of the Northwest and Far W*gt, it
•Murally answers the description of Short Line,
and best route between
Chicago, Milwaukee, St. Paul and Minneapo
lis.
Chiottge. Milwaukee, La Crosse and Winona.
Oaicaco, Milwaukee, Ortonrille, Aberdeen and
Chicago, Milwaukee, Eau Claire and Stillwa
ter.
Chicago, Milwaukee, Wausan and Merrill.
Chicago, Milwaukee* Bearer Dam, Fend da
a
Lac and Oshkosh.
Chicago, Milwaukee, Waukesha aid
BOWOC.
°hi Fa?ib»ul7"k**'
OCOBO-
Madiscn and Prairie du
0w»t,n,,»»
Mankato and
Si®*"0' and Mi».rml Point.
Vtfii, Boekford and Dubuque.
Chieago.Cllatoa, Hock Island, Cedar Rapids
and Tama.
ChiMCo, DMMOIBM, Coaneil Bleb aad Omaha.
Yankto° S'ous ValU and
OhtMs*. MtlwnkM Albert Laaasdaad Booth
or« liiiMMote Pointa.
Chl%f*
*''»«*••,
MMOB
vnaamerrata.
Raok lataad,
Citr, Mitchell aad
fubuque,
St
oli«.
Paul aid Minneap-
S*"**"*. OaJmar, St Pa«l and Waaea..It«.
Miivaakao. Rfeine, Boloit. Pno Port and BMk
Trtand
Bfttoli.il, Wslior. Atfctoa aad Aboniooa.
«tia Bir.r Vall.r Liao.)
Fnllaan Woopoif and th. Fiaut Dlninc Can
In tb. world an ran oa tho main linu of tho
CHICAGO. M1LWAUKBK 8T. PAOL
RAILWAY, aad ovary attention paid to pa*-
r. T. CLk
float
l8«?S
*•.
Wm
&
-••A?
i,
S
imhcill
''jiili, .ss# iMt'I^'
Liii%:'r
.• •.
KIMBALL, BRULE COUNTY, DAKOTA, FRIDAY, JULY 25, 1884
KIT.I.nrO THE WABDS.
kaoapltnlation or the Oaae—Ail InAloted
Kan Turna States' Zvldenoe—
Senaatios
al Teatlmonr-
Special from Grand Forks, DakTne crime
for which twelve men are to bo tried for their
lives, one after another, is a sad one. The
trial will best be understood by rehearsing
some facts which are undisputed. Charles
Ward, aged twenty-five, and Frederick Ward,
aged thirty, sons of Dr. E. P. Ward, of J. V.
FarwcUA Co., Chicago, were in April, 1883,
managers of the townsite of Bartlett, Dak.,
and had a few days before their death built a
«hack on a valuable claim betweon
•Devil's Lake and Creel City, on which
one John Bell, a liveryman in Devil's
Lake, formerly of St Paul, aly had
a shack. The night of April 23 they, with one
Elliott occupied
.by a night party.
off. They refuse*
With
shack, and were attacked
Tho Wards were ordered
The shack was riddled
was shot down inside,
'ard ran out, Charley fall­
bullets and I
[Elliott and Charle
ing with several mortal wounds. Elliott was
.permitted to escape after a eevoro beatiiij
Tred was dragged out and the shack ritle
ITheir bodies were found exposed on the prai
rie the next morning. The father of the boys
iwas within tho bar when the case was called.
He and CoL Farrington, whose son is a de
fendant have both silver locks. Tho counsel
.were all present but CoL Ball, who was called
to St FauL The jury was not completo,
and on motion of Deputy District Attorney
Pratt, the case went over to Thursday morn
ing at 9 o'clock. The defense were ready to
go to trial with Ulinn. The counsel have de
cided to try B. W. Lair of Devil's Lake, first
His special oounsel is Hon. A. P. Ward of
Cynthiana, I
a month.
Grand Forks, Special says: Anot unexpected
aenaation in the trial of Lair was the tostimony
!of Diok Turpin, one of tho defendants, who
turned stato's evidence. After finding the
Wards' bodies, it was proved Fred was near
DUE shack lying on hiB back with handB clenched
land feet drawn up, and Charley near Bell's
ahack, about forty rods away, lying on his face
and shot in his back. Dick Turpiu was pro
duced and tho indictments were both dismissed
against Jjim, and he testified in eubatance that
on the night in question Uline gave him a shot
gun, Farrington got tho team, and they all
drove down to Leopold's and got him, with
the determination of putting the
Wards off tho claim of
Bell Lair had a rifle at Ward's shack. Bell
.called Ward out Fred came to the door. Bell
.pulled him out and struck him. They scuffled
•rouud. Turpin saw Fred draw his revolver
and then Turpin shot Fred, who ran away to
the shack, leaned against it and fell down.
The rest opened fire on the shack. Charley
cried out: "I give up." He and Elliott then
'ran out, aud some of them followed Elliott
Charley ran by him within two yards, and to
ward Bell's shack.
Lair, who was
:down on
hiB
:was
knofi, took aim and shot Charley
down. Ledford cried to him to shoot Elliott,
Who was running away. On cross-examina
tion he admitted signing a statement in Noyea'
office, denying having a gun or being, with
in fifty yards of the shack. He
told that would save him.
The rest had done tho same, under the promise
they were to have bail and not a hair of their,
-heads should be harmed. No promise or
threats had been offered, ho said, for this
state
ment, but as about six others proposed to make
f. clean breast of it, he thought it would be bet
tor to tell the truth than to lie.
igaged by
move tho shack from Charley's claim to Fred's,
tho same which Bell claimed. They got through
about 9 o'clock the night of the tragedy. Bell
had been there that evening. Mr. Irwin tried
0 get out what transpired at that interview.
It was ruled out, however. This wit
ness testified that both the Ward
boys had revolvers. Charley's having an ivory
Ihandle. When Bell came up they were all in
bed. There was a loaded shotgun in the cor
ner, which Charley took and put on the bed,
where he last saw it Frod went to the door,
lhaving his hand on his revolver. Some words
passed. Bell pulled Fred out, and they passed
from tho door around the shack. There was
noise of pounding against the shack. Charley
ran to the door and fired five shots with his re
volver. Retreating behind the door he heard
Fred say "I am shot" When Charlev had
.shot they opened firo on the shack He lay
down on tho floor. Charley closed the door
and called out, "I give up." About sixteen
shots were fired through the shack. He was
caughtand beaten butlet go. Did not know
any of them.
The evidence of the coronor's inquest was
offered and Gov. Bates objected. Lair ap
peared at the inquest and admitted he was at
the fracas and heard shots fired. In the argu
ment in tho morning during the recital of Tur
pin Dr. Ward was deeply moved and sat bowed
with his face covered by his hands. CoL Far
rington was also greatly touched. The dofend
jant became deeply serious. It is said other
prisoners will make a statement similar to Tur
pin's
Grand Forks Special says: The event of the
day in the Lair trial was the opening for the de
fense by Erwin, which was a masterly review
of the evidence adduced and tho claim of the
defense that their clients were thore in pur
suance of their rights, and wore assailed by
the Ward boys, who moved on Bell's claim
armed and prepared to tako it by violence. The
effort consumed an hour and,a half, and was
listened to by a packed house. It made an in
cisive impression on tho jury. Tho testimony
for tho territory consisted of Dr. Lane's
evidence on the nature of tho wound causing
Charlie Ward's death.
Grand Forks Special 11th:—The defense put
John W. Boll, one of the defendants, on tho
stand, to prove his actual possession of the
Sill
remises in question. He was permitted to
that he occupied the house the Sunday
named, but not to go into tho question of title.
Nearly two hours wero spent in argument up
on this quostion by Davis, Erwin, Van Arman
and BalL The court ruled all out pertaining
to tho question of claim of right as the de
fondants expected. Bell related the interview
with Charles Ward about 9 o'clock of the
night thoy brought on the shack, in
which ho told him to leave. He then went to
Farrington's shack and Uline's, and gathered
the party to 50 and carry off the Bhack from his
claim. Ho did not see any gun or pistol in the
crowd. They got to the Ward's shack after 11
p. m. He was told by Ulino to do the talking.
Tho rest were scattered around twelve feet
from tho shacK. Ho went to the door, rapped,
called, and told them he was prepared, to move
tho shack, and thoy should come out The door
opened and Fred stopped out, with his right
hand on a pistoL
"He struck me with his left hand," said Bell,
"aud I warded the blow and advanced on him.
We tussled alongside the shack, bumping
against it, to the window. Five shots wero
fired out of the door in about two or three
jninntos, and tho flashes were toward mo. We
got around on the other side of the shack.
There was a command to scatter out and ahoot
in tho shack. There were several shots fired.
Then Fred fell down in front of me with his
hands near mo. After he said, 'My God, I'm
shot!' he never spoke nor moved."
The defense is all in the Ward case, and the
rebuttal on both sides closed the
12th. Counsel
for the defense is preparing requests for in
structions to the jury, which will be argued
Monday, 14th aad will consume all tho day.
The proseoution will give no instructions, but
will reply to the requests, and have asked an
early copy. The evidenoe in the foreaoom was
mainly given by the oodefecdanta. Carpenter,
MoQueeny and Cola Hugo McFadden testified
to a conversation a month before the murder
with Charles Ward at Bartlett. where Charlea
•aid that if he had been there when Creel's
party moved the Ward shanty off the Bell
claim he would havo 'shot the stuffing out of
them" and he was .'going to move the shantv
back and hold tho claim, tf he died for it*'
George Carpenter, sworn:
Ho was .a druggist, twenty-five years old, and
•aw the beginning of the fray: was next to
window looked through could see on tho
floor a double-barreled snot-gun moving about,
Johnny Bell first spoke called to Ward,
"Somobody's inside
11
.«L-
"~v- .jvv
,i
Ward said, "All right,
wait a miouto witness told some of the boys
there waa a gun moving about and thor might
't
-4,
'^•4' '.V
•iWJT'*
^*'4
V* -V ^gU** v--%^
get shet Fred stepped out in the door vitt
fiis hands on his hips.
OHIRI.KB WARD'S SHOOTINO.
Charles rushed up and fired five Bhots be
fore anything was done. Witness heard Pat
MoQueeny say "Boys I am shot Lair and
witness wont to the east did not see the fracat
between Fred and Bell saw Fred after he wai
down Lair and witness was over 100 feet east
of the shack saw Charlie fall don't thir.lr h«
stirred afterward at that time Lair had no gum
he didn't fire then Bicliard Turpin I did i»ol
see there.
WitnesB showed on the map how he ran
down on the west aids of tho Bell shack,
coming round and falling near the east side of
the shack.
He was at the inquest did not seethe pis
tol of Frod Ward. On cross-examination said
he did not see Lair have a pistol nor gun the
only gun I saw was in the shack went with the
party from the Headquarters building there
were three or four little parties did not sea
any weapons in the hands of any of our parties
from the time of going there to coming back
remember the incident of some other men
coming out of the shack he was told to
throw up his hands he threw them up, and
CoL Uline said:
"DON'T SHOOT THAT MAN
did not know any man was going to ehloot
hi'-Q. I was thirty or forty feet from him.
Ledfield, Maly, Mullarkey, CoL Uline and my
self were about him. If there were others
they were of tho same party. Thero were no
weapons there that I saw. Saw a shotgun in
front of the shack after all
waB
Pat McQueony, another defendant, said:
Am twenty-three: was behind Bell at Ward's
shack whon Bell called.
Bell said "Hello, Ward."
Ward said: "Hello."
He soon opened the door and asked: "What
do you want?,'
Bell told him he came prepared to move the
shack. When Ward came out with his hands
on
hiB
hips and said: "You s—n of a b—, I'll
down you firBt!" Bell and he then scuffled, and
Charley Ward oame in the door &nd shot five
times. Ho hit me in my arm.
W'.tnesB took off hiB coat and showed the
mark of the wound on his right arm, showing
also the position in which he waB standing when
struck.
I did not speak at once till I felt the pain,
when I told the bovs I was shot. I went about
sixty yards from the shack tb Uline. He gave
me a handkerchief to bandage up my arm. To
tho time of this shooting not one evil word was
said by us.
The peaceable reputation of the defendant
was admitted. Bebuttal testimony before the
coroner was admitted under an exceptional
An offer to prove the declaration of Fred Ward
to United States Receiver Anderson shortly be
fore his death of hispnrpoBe of goingon Boil's
claim, was ruled out by tho court The jury
men admonished very strictly in the duty to re
ceive neither spoken nor written communi-.
cation and to promptly report any attempt to
communicate with them.
The greatest legal efforts ever witnessed in
North Dakota are these seen and heard in the
Ward cases. The prayers for oharges em
braced the usual ones in regard to the law of
self defense, weight of testimony, credibility of
witnesses and reasonable doubt. The special
position predicated on the theory of the
rense, that they went to the Ward
On the point of threats thev ask the follow
ing, in order to determine wlio made the first
assault:
The jury may consider the testimony of the
threats testified to have been made by Charles
Ward before the fatal collision, even if such
threats were not communicated.to the defend
ant or heard by him.
In regard to non-participation directly in the
killing, they ask the following:
If it is not proved beyond a reasonable doubt
that the defendant fired the fatal shot, and it
is a reasonable hypothesis raised by the testi
mony that the fatal shot was fired by some oth
er person than the defendant, then you must
acquit him.
£1 reply to this Wallin. for the diotrict at
torney, maintained that the principles of self
defense were inapplicable to this case and the
defendant was not entitled to instructions up
on that law. Mr. Tan Arman further replied,
reviewing the facts as proven, and admitted by
the defense themselves. He held that what
position taken by the
sel for the defense, and said he was sure his
honor would not be induced to participate in
the attempt to give the jnry anjexense to shield
the most dastardly and unprovoked murder on
a principal of self-defense which could not be
invoked by this armed band of twelve against
two persons. Gov. Davis briefly replied, say
ing that the learned counsel in effect asked the
court to do what it had no power
to do tmder the constitution—take away
the question of fact from the jury
whether the facte and circumstances in this
cane did not entitle them to inquire into the ap
plicability of the richt of self defense, and to
instruct them substantial!y that they must find
the defendant guilty of murder. The argu
rosecn-
bar
ly packed with ladies, almost to the
exclusion of lawyers. He was responded to
by Wellington in a most subtle and care
ful two hours' speech, in the course of which
he alternately held Dick Tnrpin up as a model
at courage and of cowardice, and as a teller of
truth and a blackened perjurer and assassin,
as it best suited the explanation of that
nights' transactions. The defendant broke
down, while some of the jurors, especially a
few sasceptiblo ones were moved to tears.
Judge Hudson charged the jury at great
length, defining homicide and its different de
grees. He affirmed some of the points of the
defense, but on the land controversy and self
defense principle involved, wholly overruled
them. His instruction was as follows:
The controversy between Mr. Bell and the
Ward boys ddr this claim is not involved in
this trial Yon have nothing to do with that.
You could not adjust it if you should attempt
it Whatever the merits of that controversy
may have been cannot now affect the guilt or
innocence ot this defendant and cannot in any
event furnish a justification or excuse for this
homicide. Such controversies should be set
tled in the proper form and not on this trial
He stated this proposition in relation to the
principal of self-defense:
If you And from the evidence that after the
deceased, Charles Ward, had oeased firing
from the door, he cried out that he gave np or
surrendered, which was heard by tnoae on the
outside, and he was told to oome oat and did
come oat and ran from the shack in an attempt
to escape, and yon find that when acme dis
tance from the shack he was shot and killed,
murder, and nothing that had occurred
furnished any justification for the
of self-defense or other
be true, the time for self-de
fense to be necessary had passed
previously furnished a
killing, either by way
wise-if this fact be
tr
He instructed them that they might inquire
whether any one else of the party fired the fa
tal shot, ana whether the defendant Wasjthere
with them for an unlawful purpose charging
them that if death resulted from this common
unlawful design, wheevsr did it, all are equally
guilty of murder. The defense have raited
their exceptions to the charge. Under the law
of Dakota the jury in murder cases most fix
the penalty, either death or imprisonment for
lifeincaaeofoonviotion. The jury was charged
also in the manner of finding in case ft ia man
slaughter.
.* if,Vis
W
over. Ledfield
wanted to take it along. Uline told him it was
not his and he shouldlet it alone.
Witness was confronted with the different
statements made in his affidavit before the cor
oner, and said he was not correctly reported
by Powell, who wrote the testimony. This
was the complaint of others who had made
statements.
KTMBAT.T.,
de-
shack only
with tho intent of removing trespassers will
appear in the seoond request as follows:
If Charles Ward find his pistol into the
t.Mi
-a
'i_
crowd with intent to wound or kill any of its
members and before any act of violence by any
•f said crowd, without previously communi
cating to such crowd any request to depart
such firing was unlawful and felonious ana
could be lawfully resisted by the party to be
injured to an extent sufficient to prevent tho
offense, or by any other person in defense of
the person to be injured to the same extent,
provided that the force of violence used in so
resisting was not more than sufficient to pre
vent such offenseIJ.and if by means of such re
sistance Charles Ward was killed, it was done,
in self-defense and was justifiable.
•$t$r
KIMBALL
vH:, (S
Ii!k?«
Am
V*
vX
,i
OCHSNER BROS.
IiAROB AND COMPLEX* STOCK OF
HARDWARE!
WHOLESALE AND RETAIL.
AGRICULTURAL, IMPLEMENTS
THE BEST IN THE MARKET.
Tinware, Pumps and Barbed Wire,
Acorn and Superior Stovea
A SPECIALTY.
PRICES GUARANTEED TO BE THE LOWEST*
OUR MOTTO: "SMALL. PROFITS, QUICK SALES AHOIA1B
DEALING."
OCHSNER BROTHERS,
KIMBALI* DAK(
Opera Restaurant.
NEW AND NEAT.
Meals at all hours. Board
by
Ice cream, Strawberries, Oysters etc., in
their season.
A fine line of CONFECTIONARY and CIGABS
always on hand.
Next door to the Postofflce.
A. F. CILLEY, Prop.
3 -iHi
I AM HEBE
But am not so positive that I shall be here when
County Seat is removed to Kimball, I may take a trip
Europe before that time. One tiling I am sure of, I cagt
not be undersold by any renting partnership firm in tht
Territory. Everybody please call and get my prices oq
Sugar, Teas, Syrup, Eeresene, Crockery, Clothing,
Best flour in the market, roller process,^ half patent osfy
$2.90 per cwt
•vTW *33
L.D,BABDIN,
TA£T HOUSE,
W ii 4,- F. D. MEADE, Proprietor.
This House has been newly Furnished and placed in
class running order.
Headquarters for CQmmerc|al Men.
KIMBALL, DAKOTA.
NEW FIRM.
NEW PRICES.
We are prepared to give induce*
ments equal to any House in Kim-
Mm, Boots
Parties desiring large billsfTOQl
find it to their advantage to getouv
prices. Our Motto ia,
"Fair Dealing, Cash Bales ap
Small Profits.
raPl
v?
•Sbkv^i
$m*M£
•*%..,.
NUMBER 16/
S:-il
week,
the day or
DAKOTA.
DAKOTA.
i&sP"'
f&fe"
WELLS & WAGAB
..... W JIM:
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