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The Princeton union. [volume] (Princeton, Minn.) 1876-1976, April 09, 1903, Image 3

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A LOT OF UTIGATION
The April Term of Court a Short One
and all Business is Disposed
of in Two Days.
But Three Jury Cases Tried-~Gould=
ing Case Only One of Any
Special Importance.
The April term of court convened
Monday afternoon, at 5 o'clock, the
judge and many of the attorneys arriv
ing on the afternoon train. Court was
immediately opened after the arrival
of the train, with the following roster
of officials:
Judge presiding Searle
Clerk S Briggs
Deputy Clerk Briggs
Sheriff E Claggett
Deputies, O JNewtonandE E Bigelow
Special Deputy Robert Clark
County Attorney A Boss
Court Stenographer Woodward
Sheriff Claggett opened court and
Judge Searle immediately took up the
calendar, there being no grand ]ur\ to
charge. It did not take long to go
through the calendar and in less than
an hour the long yarn of litigation was
wound about the judicial bobbin. Mam
a case as it was called dissolved like
the morning mists, and long folios of
testimony, depositions, complaints and
answers became ancient history a
very short time After the calendar
had been given a heat or two there
were justttvo ci\il cases for trial by
]ur\, while on the criminal calendar
but one case was for trial.
In the tax case of the State of Minne
sota \s the St. P., M. & Rj.Co.,
stipulations were filed
The following cases ere continued
F. D. McMillen M. S. Rutherfox-d:
Robert H. Stee\es \s. Nanc\ M. and
Hiram Harrington Mar\ P] Chacl
bourne vs. Kate Keneh, et al.: Martin
W. Hanks \s George Locke, his wife
Alice Locke, and John Bartlett J.
Stowe \s. Main J. Murphj, appellant:
Mai tin L,y nch Fole\ Bean Lumber
Co. Katheiune Alice Briggs vs M.-S.
Rutherford Tho Norton \s Fa}
Cravens, Piano Manufacturing Co et
al \s. Frank Kaufert Mary E. Chad
bourne \a John Dx^axton- Mar\ E.
Chadbourne \s. Alexander Hart/ Aus
tin & Western Co limited, s. Town
of South Harbor
In the case of Lj nch ^i Foley Bean
Lumber Co counsel for defendant
stated that the case was one for dam
ages from dam o\ ex-flow at the lower
lake at Mille Lacs, and that no claim
or demand had e\er been made bj
plaintiff until the service of summons.
Defendants had not had time to make
surveys and ascertain to what exent
the flowage had affected the land, if
any, and on this showing, which coun
sel for plaintiff considered treasonable,
the case was continued.
The case of EdwTard
Borlin s. 1\.
Cook was settled out of court, as
was also that of J. G. Dregnie s. the
the Citizens Mutuul Fire Association.
In the case of Annie C. Warren s.
James Ward, et al a motion was
made Attorney Goebel for the de
fendants foi an ordei to show cause
why a judgment should not be satis
fied in fa\or of defendants, who in
1892 bought 120 acres of land of plaint
iff and paid $1,000 down, agreeing to
pay $2,000 in four annual installments.
Default was made in payments and
judgment for $1,400 secured against de
fendant-,, who Attorney Keith for
plaintiff claimed ha\e been insolvent
until recently when it was disco\ ered
that Ward and those interested with
him had timber interests Oiegon
Some time after judgment was entered
the land was taken back on a cancella
tion of contract. Plaintiff claims there
neve1-
was any equitj in the property
which deteriorated in alue. Mr. Goebel
for his client claimed that according to
the terms of the contract all obligations
were to be cancelled should the prop
erty bv reason of default in pajment
revert to the original owner, and he
argued that the cancellation of the con
tract wiped out the judgment. The
court denied the motion.
The case of A. P. Jorgensen vs. D.
H. Robbins, which involves some tech
nical points regarding the ownership
of a saw mill located at Vineland, will
be tried before Judge Searle at cham
bers in St. Cloud in May. The case is
one where plaintiff denies the right of
defendant to move a saw mill from the
land on which it is now located. Rob
bins bought the mill at an execution
sale by Sheriff Claggett, the mill and
machinery, etc., being sold as personal
property to satisfy a judgment volun
tarily confessed bj the owner. The
mill is located partly on land belonging
to Robbxns and partly on land which
plaintiff claims to own, but which de
fendant claims is a portion of the land
allotted to the Indians as a burial
ground under the terms of the Morris
act.
Tuesday forenoon Judge Searle was
kept busy listening to motions by at
torneys. The first matter of import
ance was the disposition of the writ of
quo warranto, in the case of the State
of Minnesota, ex rel. Thos. F. Norton
vs. O. A. Ladeen, whom Mr. Norton
claims is wrongfully holding the office
of clerk of school district No. 17. lo
cated at Cove. Judge Searle issued
the writ last month and it was return
able Monday. W. S. Foster who was
employed by Ladeen, came into court
Monday and filed an answer to the
complaint as filed when the writ was
granted, to which Attorney Van Valk
enburg who represented Mr. Norton
made answer. Mr. Foster made a mo
tion to quash the writ on the ground
that the quo warranto was not the
proper remedy, and in case this motion
was denied he made another motion
that plaintiff be granted judgment on
the pleadings and files in said action.
Mr. Van Valkenburg made a motion to
have the court fix a reasonable time
for trial xn case the matter was taken
up and placed on the calendar, as un
less this was done and the matter
heard at the present term of court, no
relief could be obtained as was sought
in securing a writ of quo warranto.
The court said that the case was not
properlj on the calendar and had no
right on the calendar, and the motion
was denxed. Attorney Foster said that
if the case was set for trial that his
client would be entitled to thirty days
in which to file an answer the same as
in a civil action. Judge Seai'le took
the motion to quash writ under ad\ ise
ment. As the matter stands the whole
proceedings are "in the air"' at least
for the present.
The first case for a jurv was the
Rush-Adcock unlawful detainor case,
that was tried last fall before Justice
Chadbourne before a jury which gave a
verdict to defendant. The case was
placed on the district court calendar
last Septembei and a verdict was given
defendant, but on the arrh al of C. C.
Joshn, plaintiff's attorney after the
matter had been disposed of, and who
produced affidavits to show whj it was
impossible for him to be present, the
judge issued an order re-instating the
case on the calendai\ G. A. West
phal, defendant's attorney, made a mo
tion to ha\e this order \acated, and
Judge Searle at first refused to enter
tain the motion, stating that the mat
ter should be heard by Judge Baxter,
though he finall concluded to hear
the attornej s. and after they had ex
changed some ^ery flattering compli
ments across the table, the judge de
nied the motion. The case was then
ready for a jux^ but an effort was made
to have the parties try and reach a set
tlement xthout calling a jury. They
got within $125 of an agreement, and
this was the wa^ the matter stood
when court convened after noon recess
Tuesday. Judge Searle offered the
oli\ branch of peace, and urged them
to split the difference which Attorney
Joslyn was willing to do providing Ad
cock would surrender his lease of the
Rush ranch May 1st of this year. In
the settlement there would be a differ
ence of just $62.50 between them, but
Westphal and his client would not
yield, and the case went to a jury. But
when the jury was called the parties to
the action got together and agreed on
a settlement.
The next case for a jury was that of
S. A Carew and G. A. Eaton \s. Mich
ael Loonej, appellant. It was an ac
tion to secure paj ment of an old ac
count of $76. Judgment was secured
in the justice court for $80, and when
the case went to the district court jur
a erdict was rendered for $.38, the
jurj being of the opinion that the
books showing the accounts were not
as accurate as thej might be. Looney
claimed he ne\er got due credit for
some of his butter he delivered.
In the case of M. C. Barry \s J. H.
Kenned}, appellant, a judgment of
$91 and court costs was gi\ en plaintiff.
The case of Henry Murphj vs. The
Fleming Manufacturing Co., appellant,
was settled and dismissed.
In the suit brought by M. L. Cor
many against Aulger Rines to deter
mine the ownership of some land held
as claimed b\ ad\erse possession, the
case was dismissed after plaintiff had
closed his case. Mr. Cormany was not
prepared to establish proof of his claim
and the case was dismissed.
The litigation between Neils Ander
son and A. J. Barrett, was settled and
the case was dismissed.
Judgment for plaintiff was rendered
in the case of D. McCuaig vs. Olof Ed
ling and Anna Edling.
The case of Chas. H. Chadbourne vs.
Lorin K. Lovejoy was tried and sub
mitted.
The State of Minnesota ex rel John
Goss vs. E. E. Whitney, county auditor,
was placed on the calendar Tuesday.
It was a mandamus proceedings to
compel the county auditor to refund
plaintiff $350, which was paid for taxes,
on land the title to which was declared
void by the courts. County Attorney
Ross was given twenty days in which
to file his answer as the mandamus pro
ceedings were only commenced last
Thursday.
The Potts-Marvin case was dismissed
providing no costs or disbursements be
charged against either party.
Judgment for plaintiff was rendered
in the case of Sylvester Kipp vs. L. U.
M. Kee, et al.
THE CRIMINAL CASES.
Gustaf Gatz Was Fined 8150 for Assault
ing: Bonskowskl.
Short work was made of the criminal
calendar. There were seven cases set
for trial, but when the court and county
attorney had gone through with the
list, there remained but one for trial,
that of State vs. Frank Goulding. The
State against Louis Erickson, appel
lant, was continued by consent. Brad-
shaw, who a year ago gave bonds in the
sum of $500, when his case was contin
ued because of the absence of "a very
important witness" has never showed
up. His bail has been declared for
feited and was turned into the county
treasury. The case was stricken from
the calendar.
Gustaf Gatz who was held for trial
for assault in the first degree, entered
a plea of guilty to assault in the second
degree and was fined $150. His attor
ney, Chas. Keith, stated that Gatz had
been an exemplary citizen ever since
the carving bee and that he had a wife
and three children, and a farm of forty
acres on which there was a $600 mort
gage. Leucke, who was implicated
with Gatz in the assault, was fined $100
by Judge Baxter last fall.
The case of State vs. J. M. Stowe,
Jennie Stowe and Walter Stowe, appel
lants, was knocked out by the judg
ment of the low er court being affirmed.
The case in weich T. E. Potts, Mary
Potts and Nels Quick were appellants,
was dismissed on motion of county at
torney.
A motion was granted for dismissal
in the appeal case of S. A. Youngberg
and Ed Cesar convicted of running a
bowling alley on Sunday in Milaca.
The trial of Frank Goulding charged
with carnally knowing and abusing the
person of Dora E. Bingham, a child un
der sixteen years of age, was taken up
Tuesday afternoon. County Attorney
Ross represented the State while At
torneys Keith, Dickey and Stiles were
retained for the defense. The task of
getting a jury proved a slow one, and
the regular panel was soon exhausted
as a jury was out on the Looney case.
A special venire was ordered and when
court adjourned at supper time but two
jurors had been secured. Thej were
Peter Olson and Henry Heitman. Wed
nesday morning the remainder of the
jury was secured, but not until after
John E. Moore, A. J. Hertig, T. F.
Scheen, Geo. Eddy, Wm. Orton, James
Saxon, H. C. Harrington, H. L. Mathis,
Chas. Slater, J. S. Ring, Caleb Pink
ham and T. E. Potts had been excused
on either challenge for cause or per
emptory challenge. The twelve men
secured to hear the case and bring in a
verdict or disagree were as follows:
Peter Olson, Henry Heitman, A. J.
Franzen, P. H. Farley, Fred Schim
ming, Absalom Nelson, Arthur Steeves,
Edward Lundgren, S. W. Page, C.
Bulleigh, Geo. Schmidt and Aug.
Schlesner.
The girl who was brought up from
the training school at Red Wing, where
she was sent a year ago, took the stand
to tell the story of shame and disgrace.
When asked to relate the story of the
offense she sat for some minutes with
her mouth tightly closed and a deter
mined look on her face indicating t^er
dread to proceed with the story. A few
questions by the county attorney and the
court induced her to make a statement.
She testified that the act was com
mitted on the night of April 17th, 1902,
on the north side. The testimony of
the girl and Nathan Buckingham, her
grandfather showed that she was 14
years of age July 14th of last year.
Evidence was introduced to show that
she was over sixteen years of age,
but the girl stoutly denied that she
ever told anyone that she was past
sixteen years of age. Her testimony
showed that she had always been a
wayward girl, refusing to attend
school against her grandparent's
wishes and that she ran the streets
at all hours of the day and night.
When asked where she was living at
present she replied at the "River
side Academy" at Red Wing.
Just before noon hour the State
rested and Attorney Stiles moved that
the case be dismissed because of no cor
roborative testimony, but this motion
was denied and the case proceeded,
Goulding was placed on the stand, and
other witnesses were sworn to im
peach the girl's statements as to her
age.
The county attorney made a strong
plea for the State while C. A. Dickey
addressed the jury at some length for
the defense. The court charged the
jury in a very fair and impartial man
ner, and at 3:30 p. m. the jury retired
to make up its verdict. The jury re
mained out all the afternoon and had
not agreed on a verdict at supper time.
Court Notes.
Rush-Adcock finis?
The absence of the grand jury made
the sheriff's duties light.
Deputy Sheriff Cramb was down
from Milaca doing court dutj.
J. M. Stowe and wife were down
from Foreston attending court.
The judge was besieged with mo
tions galore at the opening of court.
J. A. Rush and wife came up from
Minneapolis to attend the legal grind.
A lot of old familiar faces on the
calendar, and they seem to be stayers.
Judge Searle is looking much im
proved in health after his winter's
sojourn in California.
The jurors were all discharged for the
term by the court after twelve of them
had been slated to hear the evidence in
the Goulding case.
T. E. Potti who with his wife and
son was in attendance at court and was
called as juror in the Goulding case,
but he stated that he claimed Itasca
county as his residence at present.
Mr. Potts has a claim in Itasca county
and will prove up on the same this
spring.
Among those down from the lake
were D. H. Robbins of Vineland, O. A.
Ladeen, W. J. Eynon, Gilbert Wilkes,
Andrew Broden and R. J. Peterson of
Cove.
There were several parties down
from the lake as witnesses in the Nor
ton quo warranto case, but owing to the
way the case was disposed of the pro
and con witnesses were not needed and
returned home Tuesday night.
Among the attorneys in attendance
at court were: Attorney Stewart of St.
Cloud, Geo. C. Stiles, Geo. A. West
phal, C. C. Josylin, E. S. Gaylord and
J. Van Valkenburg, of Minneapolis
Sylvester Kipp of St. Paul W. S. Fos
ter and Carl F. J. Goebel of Milaca.
The case of J. G. Dregnie vs. the
Citizens' Mutual Fire Insurance Co.,
was settled out of court last Monday,
and Station Agent Rice felt very much
relieved, as he had been summoned as
a witness and asked to bring along a
pile of record books from the station,
showing freight receipts for the past
four years, from which record evidence
was to be introduced in court to show
how much freight Dregnie had received
for his store at Freer when he kept the
postoffice.
Ostermoor Patent
Elastic Felt Mattresses
Registered Tr&deM&rk
Copyrighted by Ostermoor &- Co NY
Far superior in Comfort and Luxury to all
other mattresses Proof against vermin or
anything unclean or impure Absolutely
the most elastic mattress made Non
absorbent, will never mat or pack become
uneven or lumpy Will never wear out
SOLD BY
Caley Hardware Co.
NORTHWESTERN HOSPITAL
PRINCETON MINN
Long Distance 'Phone 313
Centrally located All the comforts of home
life Unexcelled service Equipped with every
modern convenience for the treatment and the
cure of the sick and the invalid All forms of
Electrical Treatment, Medical Baths Massage,
X-ray Laboratory, Trained Nurses in attend
ance. Special advantages obtained in this in
stitution for the treatment of chronic diseases
and diseases of women either medical or sur
gical, and for the legitimate care of confine
ment cases
Open to the profession Any physician in
good standing can bring patients here and at
tend them himself Only non-contagious dis
eases admitted Charges reasonable
MISS. MARY SHORTELL,
Superintendent
HENRY C. COONEY, M. D.
Medical Director.
A. Q. ALDRICH, M. D.
Eye, Ear, Nose and Throat Specialist.
I
DR. F. L. SMALL
Resident
DENTIST
OFFICE HOURS,
9 A. M. TO 12 M.
2 P. M. TO 5 P. M.
Office in Caley's Building over
Anderson's store,
Princeton, Minn.
W WiM'
BUY I
in the way that you can buy right
BUY
at the time when you can buy right, and
BUY
at the place where you can buy right
YOU CAN
buy right if you buy for cash and you
can buy right
AT I
all times if you buy at
R. D. BYERS,|
Dealer in general merchandise,
agent for Pratt's perfumes and
toilet articles and ricCall Bazaar
patterns.
W. P. CHASE,
flanager.
Established 1892
Incorporated 1897
1 tan*kFk*7MfcfcJixk**hw^rf^rfu*rfwO,
Retail orders solicited and
promptly delivered in the
village Exchange work
solicited
Don't Be Fooled
by traveling opticians who come and go and
have no responsibility only to get your money.
You Can be Fitted with Glasses
at home by J. C. Merdliska, graduate optician.
I guarantee to fit your eyes properly, or will
refund your money. If I cannot do your eyes
good I do not want your money, and also re=
member that I am in Princeton at all times and
can be consulted at all hours.
Yours anxious to please,
J. HERDLISKA,
Princeton, Minn.
EYES EXAMINED FREE.
HARRY ENGLISH & CO.
ZIMMERMAN, fllNN.
'+**r*)r
BUY THE
I T.G. Mandt Wagon|I
a carload of Machinery consisting of I
It is the best madei.v Come and let us show it to ou and con- I
S mce you that ou cannot afford to bm any other.
5 ^Y
recee
hav
,us
Moline Plows, Corn Planters, Cultivators, Weeders, Sulkv 5
Plows and Drags. 5
Just received a large stock of the
Minnesota Linseed Oil Company's Mixed Paints.
We have them in all colors and shadesand in buvino- them
in large quantities we can make close prices on same "also carry
full stock of Leads. Oils, Varnishes, Brushes, Putty, etc.
Received a car of Fence Wire this week and can
make close prices on same in large
or small quantities.
Have fust opened
Men's Clothingfoelinenica
and have a very fine selection of Hats, Caps, Dress Shirts
and everything in the line of Gent's Furnishings.
Highest prices paid for all kinds of Produce,
everything a farmer has to sell. Come and see us and we
will save you money.
Foley Bean Lumber
Company
Manufacturers and
Wholesale Dealers in
White Pine Lumber,
Lath and Shingles.
Also Sash, Doors, Mouldings and a Com
plete Stock of Building Material.
PRINCETON.
PRINCETON
ROLLE MIL Wheat Flour I
1 COMPAN r"~- ~~.~J
wnunai HjeFloor,BocWfli Flour, GRWIM
a1
I
i
i
A
a to
Feed, Eic.
Princeton
if
Ifei

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