The Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1873-1875, 1875-05-26

NO. 46
pany, in 1872 when came is know him: he had men
employed, it was understood, for the purpose Of
holding lands FOR that company. know Samuel H.
Lille, one of the parties to this conte t., he was
ployed by that company 30 hold claim and for gen.
eral work; can't say what claim he was holding at
the time first knew him: believe he did hold a
claim for the company afterwards the NEl OF sec.
T. 1Ss. 3. SO was the claim 80 held; ! heard
Mr.. Lille speak of this employment; ! know when
the first townsite Improvement wss made what is
now Bismarck: the first townsite Improvement in Bis
marck near the last of June 49,! between 22d Of
June and the 1st ofJuly:: it was q saloO1, where
liquors. &C., were sold; this the Lambert place;
i. was ABOUT two weeks before other improvements
were made-two or three weeks by the 1st of August
there were 10 u places Of business TO exceed
r.: the principal part were saloons; were gro
csries and merchandise; shaw Cathcart came here
sometime in August think the latter part there
not over IL business houses before Shaw Csthcart
come including tents, saloons and everything; can't
give the exact number; the msjo:ity of these were
tents their business was incidental to the Construct
ion ofthe railroad there wa else here to give
them business but the employees Of the road, Re
ferrng to the map )the improvements Of Mr. Lambert
was upon block 5o the next was directly opposite on
BLOCK 5s Shaw Catiicart were upon block 4S there
Of Sec during the year 1872 the first townsite i'm
aprovements we're made npdn that quarter section
sometime in May 1878, the first building being moved
from Burleigh, circumstance which clearly recol
lect not to exceed or sness houses were erect
ed upon that quarter section prior to- 1874: subse
quent to May 1872 heard Mr. Sweet say be would
no. h tis iO o % ~ and
August He refused to give guarantee but said men
who purchased lots Of him should have corresponding
tsin the location; the townste selection was
not generally regarded by the people as permanent
one; they did not know where the town would be as
Mr.. Sweet refused to give a wr tten guarantee and
he the person representing the townsts interests
site this uncertainty remains up to he prsens time
guess know E. A. Williams; he is q lawyer, in prac-
tice at Bismarck: he has been in practice since the
spring Of 1s73 know the househ claims located on
the land in question: the house was built las. falls the
the last OF October lst Of November: don't know
whether Mr.. Williams has held another claim on the
public land nea. this points I ascertained the facts
stated in the AFFIDAVIT filed, to which am a party.
from personal observation and the facts stated are
true Of my own knowledge: do not know whether
the Puget Sound Company had other towns:tes near
this town. .--..4-,.s-.s5
Cross examined 1y JwdQe FIsndyatu:--I was
aware, previousto August 1872, that survey had
been made and Sweet was selling lots whenever he
could get q purchaser: the fact that survey had
been made was generally known the lots and blocks
being staked and Mr. Sweet selling lots as propre-
tor: only part Of the town was SO staked: don't
think the NE4 of sec the claim in question: was SO
staked: survey that Included the NE4 was not made
before that time that know Of: the first day Of Aug.
1872 first became aware that the townsite enbrac-
ed the NE9 Of Sec q was generally known
and block Mr.. Proctors house is on: (Referrlng to
the plat it is on lot IL block ~ think. fronting on
Main street: nearly on the line with oths houses
fronting on Main Street: don't know whether Mr..
Sweet sold Proctor that lot: Proctor never told me
about deed or contract from Sweet: don't know
whether ne went on a. a porcnss ser OF sweet or
land holders: Mr.. Sweet put him on the NE4 Of
now in controversy, putting up house for him in
which Lille lived part of the time: Lilies house
to be Lilies house was not knew Of but
that was Called Lilies: there was alog shanty on
the claim when Proctor went on was not occupied
by Lille: never knew 1t as Lilies: don't know how
long this shanty had been there before Mr.. Proctor
went on: it might have been month: can't state ex-
actly: know that Lille never did occupy that shan
ty as home: had seen him in the house before
Proctor went on the claim: when saw him there he
passing away the evening: some ladies occupied
the shanty: negro prostitute lived there it may not
have been her house but she run the biggest part OF
It. you could find man there most any time: if any
man missing they could generally find him there:
Lille is the claim he was there of and on
for sometime: don't know how long: the last knew
Of his living there last falate in October: when
spoke of what Sweet said about the town not being
permanently located meant that none knew where
the railroad would cross the river and il was expect
ed thatthe town would be at the crossing.
Adjourned until a, M, to:Inorrow, the examina-
.>Ne - =, s7l,. ,,'a THURSDAY, May 20.
Gross examination OF brluges contiHueu Oy wi.
Sweet for County JUDGE was living at a place
called Burlegh City IA the summer Of 1879 remained
there up to November, 1872; was engageda labor
er partly selling liquor; at Burleigh town about
half the time balance Of the time was riding around
the country; rode over the place where this town is
most every day; noticed part Of it was staked ont,
never noticed whether the stakes were plain to De
seen except on what is now Main street; don't know
whether Main street was staked out before Ju-
y 1st 1S72 know it was staked out here; did not
see Proctor when he moved on this claim; he took me
up to where his house and called attention to
his lumber: he said he would show his claim; the
lumber lay very near where his house is now; could
not saw whether It was In the street the lot in
| fact did not know where the street was at that
time-that is the line Of it, knew where the line OF
some of the streets were about the lzth OF Jnly
knew where 3D. 4th 5th and 9th streets were; had
bargaiAed for lot before that time; wont be posi-
tive but believe about August 1st had not examln-
ed the town thoroughly before that time with view
to taking the best location; was friendly to Proctor
did not inform him that town had been laid out;
the ground on which the town was located ls smooth
open prairie generally. though there were occasional
buildings: the grass very short, very little being
on the surface; the streets were laid out 10 direct
lines and at right angles; located from the plat the
lot seected The plat showed other lots than the one
purchased by me; conversation occurred when
purchased the lot in Sweets Office, to the effect that
| the townsite was not fully determined upon; the
statement referred to was In relation to the railroad
making this location the terminus or the crossing OF
the Missour it was the understanding that wherever
the railroad located the townste would be sua
! ted, and should have the same relative block in
that town Ihad purchased in this; never have count
ed the buildings the quarter section Proctor seeks
to .empt; ten twelve have been erected; do not
know the exact location 0: the line between the two
auarters--the western line OF that uarter; the
line after the government survey; am positive saw
where the stakes were drove; l exa mined it when
purchased my lot 20 whether my lot was in this