1 I. Theappellant and one Carl Kroll were indicted and tried j-o'ntiy Nr the ci ime of nuisance-, but Kroll was acquitted. The appellant complains that he was not giv-e-n a fair and impartial trial, for the -alleged reason that the trial judge- asked numerous, questions of witnesses, made -objectionable remarks, and took such an active part in the- trial in behalf of the 'state as to prejudice the appellant. The- record sho-ws that the trial judge interrogated different witnesses, and that the questions he -asked were frequently mo-re direct -and better answered than were - those asked by the county attorney'. But an additional abstract, filed in behalf of the state, and not denied, ■show's that many of the claims of -error made by the -appellant are based- u-p-on a misapprehension of ih-e record. Several of the witnesses for the state showed a disposition to evade giving direct answers, and to equivocate-; and the questions of the county attorney were not in all cases well calculated to develop material facts-, and the questions and rulings-of the court were of a -character to prevent -evasions, and compel the witnesses to -disclose the truth. A trial court should not, as a rule, interfere with the- -examination o-f witnesses when the examination is being fairly con-ducted, unless *713to rule upon objections .and motions. But the trial court is not required to remain silent wheni unwilling witnesses persist in such a course .as will conceal the truth, and make the trial a travesty of justice. We do not find that tlie district court exceeded the power which rightfully belonged to it, in assisting in the examination of witnesses, and in ■compelling answers.
2 II. It is claimed that the court erred in permitting objectionable questions ashed Mrs. Farrand to be answered. The state sought to prove by her that she had sent an agent to the place where the defendants were doing what was claimed to be an illegal business, and that he produced something there for her. What was thus procured, if anything, is not shoAvn, and the court permitted questions of which complaint is made to- be asked and answered only on condition that the state should prove that whatever the agent delivered! to the witness was obtained at the place kept by the defendants.; and, when it became apparent that the required fact Avo-uld not be shown, the evidence in regard to the sending of the agent to the place specified was stricken out. No- evidence 'Avhick could have prejudiced the defendant Avas giAen by the Avitn-ess-, and nearly all of what s-he said was Avithdra-wn from the jury. There was nothing in her examination of Avhich, the appellant can justly complain.