Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-04-23


or money, and the court named MIR. Bald.
, win as hislcgal adviser.
Helen Bardcn then listened to the IN
dictment found by the grand jury against
her with degree OF interest, but not
having any cash thought that Mr.. Nick.
Gus would be her choice if allowed coun-
sci. The Judge granted her wishes
Andrew johnson stood uo, and after
the indictment had been read by prose-
cutting attorney GlaspelI, said that he
wanted Heller McHugh to defend him.
Granted.
DR.. II. q. Depuy was next notified to
stand up and listen to the indictment
found against HIM. Upon being asked
he had counsel, he stated that he had ;
that MIR. Dodge was his counsel Mr..
Dodge arose and stated that he wanted
two days in which to plead. Granted. 1t
might also be stated here that Miss Bar.
den and Mr.. johnson were granted three
days each, IN which to plead.
The petit jury, in case No. 80, brought
in verdict in favor of plaintiff. This
was case IN which Sarles.& DurstIne
had filed lien against a granary built by
B. s. Russell, the firm having furnished
the lumber. Mr.. Rose, who is assignee
of the estate thought he ought to hold
the property regardless of tho lien. The
jury thought other wise. Hence the
henceness.
TUESDAY, ApIll 81, 1885.
Court convened at $50 a. M, Judge
Francis, presiding.
The jurymen who failed to respond to
the roll call yesterday afternoon were
excused
The case of Fred Ryan vs.. ". p. Fa'
rcll was reported settled.
In three cases of the james River Ma
tional Bank vs.. e. $. Cleveland, Whit
man s. DAVIS, and Anderson s. Co., re-
spectlvcly, demurrers sustained. White
& Hewitt for plaintiff, and G. W. Davis
for defendants.
Court ruled that no judgement in dc.
fault be entered until costs are paid, and
further that the s. jury fee and 81 court
fee be taxed as provided by law.
A jury was empanneIled IN the case Of
Il. A. Bill vs. Anton Klaus. and case pre-
scntcd by counsel, and some testimony
taken, when by agreement Of counsel the
jury was discharged, aud cause continued
before the court.
Adjourned to Up. IN.
Court IN session al 2 p. N.
In spite Of the unpleasant weather yes
tertiay there was liberal smattcr.ng OF
spectators in the court room this after
noon. The only case that came before
the court of any particular interest was
tie famous oat contract case in which Il.
A. Bill shows up as plaintiff and Anton
Klaus as defendant. 1t seems that MIR.
Klaus made contract with man by
the name OF Simple for 1900 bushels Of
oats at 20 cents per bushcl and that Sim.
pie engaged Mr.. X. A. Bill as his agent
whose business it was to get the oats on
a certain piece of land, specifically des.
cribed in the contract and deliver them
to Mr.. Klaus. 1t appears further that
Mr.. Bill made a mistake and got the oats
from another peace of land belonging to
Mr.. Barnes, which was not described in
the contract and delivered them to MIR.
Klaus. Mr.. Barpes then proceeded to
collect from Mr.. Bill the price of the
oats and Mr. Bill paid him. Now MIR.
Bill wants Mr.. Klaus to pay him the
amount he PAID Barnes. II the court
should hold that Mr.. Klaus should not
pay Mr.. Bill, the question would then
arise, who should he pay! He could not
pay Mr.. Simple, with whom he made the
contract from the fact that Mr.. Simple
never owned the oats, hence could not
sell them; besides it was shown that Mr..
Barnes owned the oats and collected from
Mr.. Bill for them. The case embraces
some very fine points OF law and the de-
cislon of the court will be awaited with
interest. There Is one fact however and
that is, Mr.. Klaus has the oats and is no
doubt willing to pay some one for them.
After hearing the EROS. ard cons in the
case ably uis cussed by the attorneys IN
terested the judge ordered them to pre-
pare briefs and submit them to him as
early as possible.
WEDNESDAY, April o. p
| The first break was made today toward
clearing the docket of criminal causes
and as a matter Of course the court was
honored with far audience of specta
tors, who were more or less interested IN
the result of the proceedings.
The first business of the court was to
listen to response Of NJ. Mansfield OF
Windsor who had been indicted by grand
iurv for selling liquor without license.
Upon request Of his attorney, ar. Dodge,
he was given one day in which TO plead.
The case of James Adams was then
called and the jury impanuelled. Adams
was charged Of having divestcd a saloon
keen. by David Champion Of a quantity
of liquor, cigars. etc, in December 1855
The testimony tended TO chow that he
was guilty and the judge gen, rious'y
consigned him TO the county dungeon for
30 days.
Leopold Hanchcarts Who had been
looked after by the grand jury and found
to have been identified with the Geo.
; Case chair and lantern stealing act last
February, was systematically arranged fol
trial by prosecuting attorney Glaspell
Considerable testimony was given on
! boti, sides, and the case went to the jury
l who retired IN charge of the sheriff to thu
;nry room, where they fingered few
: moments and brought verdict Of bur
G e,arv in the third cegtce. While tht
r Alert believes that the jury did its duty
Y in finding NJ. Hancheart, guilty as al
8 assoc,ate. we do not believe him to b'