St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-05-06

Qnnes) meant to purchase the lands at the
bankrupt sale to protect Remington.
This closed the suit in which Caroline
Ding is plaintiff. The suit of
w. s. KING VS.. THE SAME DEFENDANTS
was Immediately opened, Mr.. Wilson sim
ply announcing that it had been agreed by
both sides that either party can bring into
the case all testimony in the Caroline King
case, which is thought applicable. Judge
Shaw assented, STIMULATING that the objec-
tons made by the defense to the nature of
the evidence offered should be understood
as standing. The first witness in the Sec
Ond action was r. P. Russell, who testified
that he had been resident of Hennepin
county for forty-SiX years, and had owned
land adjoining Lyndale farm since 1854.
In 1882 he was chairman of the board OF
supervisors, and in that year considered the
market value of the Lyndale farm as a
whole at $500 an acre; he thought the land
was assessed as being worth that.
Court here adjourned for dinner.
IN THE AFTERNOON
the examination of expert witnesses by the
prosecution was resumed. Harlow Gale
was called and testified that he has been III
the real estate business in this city since
1856. He considered that the Lyndale
property in the winter of 1889 worth from
$500 to 81, 500 an acre, the average value
being between $500 and 5000 per acre.
Eleazer Smell testified that he is carpen-
ter, and in June, 1878, had some talk with
Col. lnnes about building houses ON the
Lyndale property. Innes proposed to bllla
if he could pay for it in installments; told
witness he should see Col. King, who really
owned the property.
Willis Baker testified that he began the
negotiations with Menage in the winter OF
1882 for the purchase of 1, 142 acres. lie
thought the property worth $1,000 an acre
taken as whole.
Il. W. Pierce, who has lived near Lake
Calhoun for thirty-two years, considered
the Lyndale property worth 81, 600 all acre
in the spring of 1888.
R. NJ. S. Pease thought the value OF the
Lyndale property in 1882 was about $500 or
$500 per acre.
STRONG EVIDENCE FOR KING.
L. S. Burlington. the architect, testified
that April IL, 1873, at the Lyndale pavilion,
he made measurements and esti-
mates for Transforming the pavilion into
hotel.
Col King was called, and testified that in
1878 he and Col. InneS had conversations
about improving the Lyndale property. the
plan being to change the pavilion into
hotel with cottages about it. The scheme
was abandoned because of inability to raise
the money.
Capt. j. c. Whitney, the assignee OF w.
S. King in the bankruptcy, testified that at
the time of the sale there were only three
persons present, Col. lines, Mr.. Morrison
and the witness; the bid was so small that
witness objected to accepting it, when he
was told that it was best for the interest of
all parties that he should accept it; Col.
Innes made the bid.
The prosecution at this point renewed
demand upon the defense for certain letters
which passed between Remington and In
mes. The demand was complied with in
part, and the letters were offered in evil
dence.
DR.. o. J. Evans placed the value Of the
1.147 acres sold to Menage in January,
1882. as worth from $500 to 81, 500, accord
ing to location, the average value being be-
tween $500 and 5000.
Philo Remington was the next witness,
and was asked concerning certain letter
written for him by Mr.. Hannahs. He did
not recollect the communication, but ac-
knowledged that Mr.. Hannahs was his
agent and attended to some OF his CORE
spondence.
THE PROSECUTION RESTS.
The testimony for the prosecution here
closed with an offer by Mr.. Wilson to show
the deeds made by Mr.. Menage of the sales
of the property from the time OF the pur-
chase, Jan. 81, 1882, to the time of the
commencement of the present action, ag-
gregating $4,000
In opening the case for the defense Judge
Shaw offered in evidence the testimony,
oral and documentary, produced in the Car
oline King case.
MORE DENIALS BY INNES.
Col. lines was called and denied the
statement made by Mr.. Smell the carpenter,
to the effect that Col. King should be con-
suited concerning the improvements on the
Lyndale property, He remembered the
conversation with Mr.. Burlington about re-
modelling the pavilion but denied that he
and Mr.. King made any joint effort to raise
money for the purpose. The witness de-
MED saying himself or hearing Mr. Morri-
son say to Capt. Whitney at the time Of the
bankrupt sale that twas best for all con-
cerned that the property should be bid in at
low figure.
The defendant here offered the assess
luGnU UOOh vi GllO duolGOl w OIo
prove the testimony of r. P. Russell and to
show that the average value of the Lyndale
property in 1882 was 1916 per acre.
G. A. J. Marsh, who has been in the real
estate business in the city from 1882, con-
sidered the Lyndale farm property in 1882
worth from $500 to $1,000 per acre.
A SYMPATHETIC FRIEND.
S. E. heller testified that Col. King in
the Northwestern bank, after the bank
ruptcy sale, had said frequently that he had
no more interest in the property; that he
had sacrificed his title but did not care for
split milk, etc.
He was asked ON crOss-examinatiOn if he
had any interest in the result of the suit,
but said he had not. He was asked next
if be hadn't shown considerable feeling
against King, but said he had not, as he
sympathized with him.
Col. King was called directly, but contra
dicted the witness point blank and said he
did not remember any such conversation as
described by Mr.. Neiler.
This closed the evidence and as antici-
pated the court decided that arguments
could not be heard for the present. Mon
day, June 30, was then set for the hearing
and the court adjourned.
AWAY DAY PARTY
Under the Auspices of the New York
Association.
The New York association is one of the