St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-04-28
ON THE HOME STRETCH.
The Plaintiff VIII Rest To-day in
the Ring-R emingtOn Suit.

the Ring-R emingLOn Suit.
The trial of the KingRemington suit
yesterday was transferred to the small
room on the third floor of the Harmonic
building, the large court room being i'll use.
The dampness of the day without and the
dryness of the proceedings within, together
with the closeneSs of the room, had a de-
pressing effect and very little occurred to
enliven the monOtOny Col. King stated to
the court that he wished to make a correc-
ton in his testimony, and was recalled to
the stand for that purpose. He said he had
first learned of the transfer of the property
to Menage in 1882 when he went to lines
to talk up the scheme of park around
Lake Calhoun. lines at that time said he
had put the property into the hands of
Menage to dispose Of, and that it would be
necessary to 90 to him. He therefore went
to Menage and explained the great benefits
which would come from such park SyS-
tenn and how it would enhance the price of
land. Menage, upon being asked what
price would be upon the land needed for q
park, named an amount which the colonel
considered extraordinary and eXhOrbitant
under the circumstances, it being consider
ably in excess of the amount of Remington's
entire loan. He said it was too much, but
Menage answered that it was a fair price
for the land.
REMINGToN's DEPOSITION.
When Col. King concluded, Mr.. Wilson
arose and again offered in evidence the depO-
sition of Philo Remington, made last sum-
mer He explained that he did not ask its
admission as a deposition, but as q state
ment or utterance on the part of Mr.. Rem
ington of what he alleged to be the facts at
that time. This could be certainly adj
mitted in the same way as verified COM
plant, or as testimony i'll a former trial
might be used to contradict the evidence of
witness given at a subsequent trial on the
same action. Mr.. Remington had read this
deposition, signed and verified it, and it
should be received as testimony of his
former utterances
OJudge Shaw, for the defense, said that
Mr.. Wilson wronghllly assumed that the
deposition of Mr.. Remington had greater
significance because il was written state
ment. This should not be, as Mr.. Rem
ington was present to testify. There was
no precedent that the deposition could be
considered as anything else than deposit
ton. and rs such it could not be used as
having higher significance than his oral
statement
The court sustained the objection of
Judge Shaw Mr. Wilson then offered
TO PROVE BY A WITNESS
the contents of the deposition and the fact
that Mr. Remington had made the state
ments therein set forth.
Col. King was called as that witness. and
stated that the deposition of Mr.. Reming-
ton was made last August and was to the
effect that he had believed that all of the King
property in Hennepin and Meeker counties
was to be included III the original
conveyance from King to Remington. the
Pioneer Press stock not excepted. Mr..
Remington also stated in the deposition
that by the contract between King and him.
self in 1878. there was due TO him in 1922
SSSS, 600; that he had been fully repaid for
his loan; that to make this payment the
mortgage which had been made over 10 him
by Menage aggregating $3.50, 600. (S245, 600
of which he had no knowledge was not
necessary.
Judge Shaw objected to Col. Kings testi-
mony being received and the objection was
sustained by the court Judge KOon re-
marking that the offering of the deposition
as 4 statement did not change its nature 1t
was deposition still. and As such could not
be admitted under the statute. The only
way in which the deposition could be used.
was in the examination of Mr.. Remington.
Ii he denies the statements of the deposit
ton it can be brought out to contradict
him.
REQUEST NOT GRANTED.
Col Ripley in behalf of the plaintiff
formally demanded of the defense the sur
render of certain documents, instruments
and correspondence pertaining To the case
The demand was in part complied with.
but was refused as to the following papers:
Correspondence between r. s. lines and
David Lewis. cashier of the lion
National bank. the correspondence
between Phila Remington and David
Lewis. between Remington and
lines. concerning the management of the
King property: receipt signed by David
Lewis. rs trustee, acknowledging the re
ceipt of certain notes and mortgages TO the
amount of 500. 600. derived from the sale
IF certain property in ISIS; statement OF