Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-10

AS<S"sooH
The district court opened at 10 o clock A. NJ,
Judge Wilkin on the bench, and the following
business was transacted, yesterday: -s :, +
The case of s. B. Coe VS.. Mayo & Clark and
James King was resumed, to be interrupted by
THE ATTACHMENT OF PRISONERS. l.
James Kelly, John Clark, William Walker
and James butcher, the gang who attacked
and robbed Dominick Areynski, individually
pleaded not guilty. ;'f@ltl.E 81 .-f .1' 7Fft
VIM. Harris, the man and BROTHER who stole
Mrs. Weeds watch, said he was not guilty "a
charged in the Indictment. ~,
Albert Forsman, the Windsor hotel clerk
pleaded not guilty to both indictments against
Washington Humphrey, two indictments, for
larceny and assault with q dangerous weapon,
pleaded not guilty to each. -. ...,'...,.- : =;
The case Of Philip Gravel vs.. w. L. Mintzer
was declared settled, and was dismissed by
consent of both parties. ,,..: s.,
The court then resumed the trial of the case
Of 8. B. Coe against Mayo & Clark and James
A decision was rendered BY Judge simons,
on yesterday, denying application fol. judg-
lots Z, 8 and 8, in block 80, Rice & Irvines adj
dition to st. Paul. The court first alludes to
the objections to the assessment as fIed-by the
attorney for the defendants, after, which the
decision continues as follows: ID -
Rice Irvine's addition to st. Paul was laid
out and plated, and the plat thereof duly re-
corded, in the year 1849. ,.r. ~
By the said plat, q parcel of ground, COM
monty known as 'Irvine Park, y was, dedicated
to public use, and was designated therein as q
public square. ~.
This square was not separated on either side
from the lots providing therein, by public
street or highway, but all of such lots, includ
ing those against which judgment is demand
ed, were adjacent to said square, and the side
walk for the construction of which this ASSESS
ment is made is wholly upon said public
square, and part of and contiguous to said lots
said addition. g.. -
Public access to said square is by means of
poor streets, one on either side, and leading
thereto, at right angles to the same, as shown
in diagram of said square. ss4s54,
Prior to the execution of the deed by John
r Irvine and wife, hereinafter men
toned, the said lots, seven, eight and nine, in
block thirty-two, of said addition, were sold by
the proprietors OF said addition to other par
ties and the deeds thereof referred to and ex-
pressly recognized the said plat as the same
was recorded as above stated.
The decision then quotes the deed conveying
the property to the city by John r. Irvine and
wife, together with the resolution of the corn-
Gil accepting the same. After again adverting
to the objections and opinions of counsel for
the city, the court says: In this instance the
sidewalk is upon the public square and not ad-
5acent to it. 1t is no more adjacent to the
public square than would be building stand
ing wholly thereon.
The action of the board of public works in
not giving proper notice of the assessment is
denied on the ground that there has been no
valid confirmation of the assessment.
The case was given to the jury and no YER
dict returned up to midnight.
VIM. l.. Mintzer us. Edward Shields. Set
tied and dismissed
John p Roles vs. w. L. Mintzer. suit to re-
recover for services; on trial.